Riordan Butler

[2017] FWC 656

[2017] FWC 656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Riordan Butler
(U2016/14799)

DEPUTY PRESIDENT CLANCY MELBOURNE, 2 FEBRUARY 2017

Application for an unfair dismissal remedy.

[1] On 12 December 2016, Mr Riordan Butler 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 Butler in the Fair Work Commission was incomplete in the following respects:

• No Respondent details were provided;



• There was no response to questions 1.1, 1.3, 1.4, 1.5, 2.1, 3.1 and 3.2;



• The application was not signed or dated; and



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

[3] On 13 December 2016, an attempt to contact Mr Butler via telephone was made, however this was unsuccessful and a voice message was left. Written correspondence was then sent, advising the application was incomplete, and that payment of the application fee had not been made. Mr Butler was provided with an application for fee waiver form. Mr Butler was advised in the absence of any advice being received within 14 days, his application may be dismissed.

[4] On 3 January 2017, a further attempt to telephone Mr Butler was made, however this was unsuccessful and a voice message was left. On the same date, correspondence was sent to Mr Butler advising that his application remained incomplete and that in the absence of any advice being received within 14 days, his application may be dismissed.

[5] To date, Mr Butler has not provided the necessary details as requested and his application remains unpaid.

[6] 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.”

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

DEPUTY PRESIDENT

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