Peter Hughes v Fleetmaster Pty Ltd

[2022] FWC 114

[2022] FWC 114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Peter Hughes
v

Fleetmaster Pty Ltd

(U2021/10963)

COMMISSIONER BISSETT MELBOURNE, 27 JANUARY 2022

Application for an unfair dismissal remedy - failure to pay filing fee – dismissal under s.587 at the Commission’s initiative.

1. On 30 November 2021, Mr Peter Hughes (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).

1. The application made by the Applicant was incomplete in that it did not include payment of the required fee or a completed fee waiver form in accordance with s.395 of the FW Act.

1. On 1 December 2021, the Commission attempted to contact the Applicant on his nominated telephone number to discuss payment however, the Applicant did not answer the call. A voicemail message was left requesting a call back to discuss payment of the filling fee, providing the matter number and helpline number, and indicating further correspondence regarding payment would be sent to the Applicant.

1. Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. 

1. On 22 December 2021, the Commission made a further attempt to contact the Applicant on his nominated phone number to obtain payment or a completed waiver form. The call was not answered, and a voicemail message was left advising the Applicant that payment of the required fee was still outstanding.

1. A final attempt to contact the Applicant was made by the Commission on 11 January 2022 to obtain payment or a completed waiver form. The Applicant did not answer the call. A voicemail message was left advising the Applicant that payment of the required fee was still outstanding and that the matter was now at risk of being dismissed.

1. To date, the required fee has not been paid and a completed fee waiver form has not been received.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

395 Application fees

(1)An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2)The regulations may prescribe:

(a)       a fee for making an application to the FWC under this Division; and

(b)       a method for indexing the fee; and

(c)the circumstances in which all or part of the fee may be waived or refunded.

1. Section 587(1) of the FW Act provides as follows:

587 Dismissing applications

(1)Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a)       the application is not made in accordance with this Act; or

(b)       the application is frivolous or vexatious; or

(c)       the application has no reasonable prospects of success.

1. Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order[1] to this effect will be issued shortly.

COMMISSIONER

[1] PR737680

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<PR737679>