Ricky Chalklen v Securecorp

[2017] FWC 648

[2017] FWC 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ricky Chalklen
v
Securecorp
(U2016/14954)

DEPUTY PRESIDENT CLANCY MELBOURNE, 1 FEBRUARY 2017

Application for an unfair dismissal remedy.

[1] On 15 December 2016, Mr Ricky Chalklen made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Mr Chalklen in the Fair Work Commission was incomplete in the following respects:

• Question 1.1, ‘What date did you begin working for your employer?,’ was unanswered; and



• The application fee was not paid or a completed fee waiver application received.

[3] On 16 December 2016, written correspondence was sent to Mr Chalklen advising his application was incomplete as question 1.1 was left blank and payment of the application fee had not been made. Mr Chalklen was provided with an application for fee waiver form and advised to complete his application. He was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 3 January 2017, further correspondence was sent to Mr Chalklen advising that his application remained incomplete and unpaid. Mr Chalklen was again provided with an application for fee waiver form and advised to complete his application and that in the absence of any advice from him within 14 days, his application may be dismissed.

[5] On 12 January 2017, Mr Chalklen telephoned the Commission and advised he would file an amended application and application for fee waiver as soon as possible. He was advised that in the absence of a completed application and fee waiver form being received by 17 January 2017, his application may be dismissed.

[6] To date, Mr Chalklen has not filed a completed application or paid the required fee.

[7] Section 395 of the Act, which deals with application fees, provides:

“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.”

[8] Section 587(1) of the Act provides:

“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.”

[9] In these circumstances, I have determined that the application was not made in accordance with the Act. I am satisfied that as the Application was not accompanied by the fee prescribed by the Act or a completed fee waiver application form, the application was not made in accordance with the Act. Consequently, the application is dismissed under s.587(1)(a) of the Act. An Order to this effect will be issued with this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR589857>