Peta Whitlock v CSC Group T/A Caboolture Sports Club

[2020] FWC 5029

[2020] FWC 5029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.603 – Varying or revoking a decision

Peta Whitlock
v
CSC Group T/A Caboolture Sports Club
(U2020/11715)

COMMISSIONER BISSETT MELBOURNE, 18 SEPTEMBER 2020

Varying or revoking a decision.

[1] On 29 August 2020 Ms Peta Whitlock (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act). The Applicant advised that her employment with CSC Group T/A Caboolture Sports Club (the Respondent) was terminated.

[2] The application was incomplete in that Ms Whitlock did not pay the required fee or file a completed waiver form. Unsuccessful attempts were made to contact the Applicant in relation to this matter soon after she made her application.

[3] On 16 September 2020 the Commission contacted the Applicant on her nominated email address requesting that she pay the required fee within 7 days, otherwise the application would be dismissed.

[4] On 17 September 2020 a decision 1 and order2 were issued by the Commission dismissing the Applicant’s application. This occurred within the 7 days given to Ms Whitlock to pay the required fee.

[5] Section 603 of the FW Act, which deals with application fees, provides as follows:

603 Varying and revoking the FWC's decisions

(1) The FWC may vary or revoke a decision of the FWC that is made under this Act (other than a decision referred to in subsection (3)).

(2) The FWC may vary or revoke a decision under this section:

(a) on its own initiative; or

(b) on application by:

(i) a person who is affected by the decision

(ii) if the kind of decision is prescribed by the regulations – a person prescribed by the regulations in relation to that kind of decision.

[6] The decision and order issued on 17 September 2020 were issued within the 7-day time period afforded to the Applicant to pay the application fee. As such they were clearly issued in error.

[7] Having regard to the circumstances of the matter, I am satisfied that the decision and order should be revoked pursuant to s.603(2)(a) of the Fair Work Act 2009. An Order 3 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR722905>

 1   [2020] FWC 4994.

 2   PR722860.

 3   PR722906.