Robert Brisbane

[2015] FWC 5217

[2015] FWC 5217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Brisbane
(U2015/8796)

COMMISSIONER WILSON MELBOURNE, 30 JULY 2015

Application for relief from unfair dismissal.

[1] On 25 June 2015, Mr Robert Brisbane made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

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

• The Respondent’s details were not completed on the Form F2, nor were they provided on any other supporting documentation with lodgement.

[3] On 25 June 2015, Mr Brisbane was asked by email to provide further details by 9 July 2015.

[4] On 10 July 2015, a voice mail message was left on Mr Brisbane’s mobile to return a call to the Commission and also a follow up email requesting the incomplete information.

[5] On 14 July 2015, Mr Brisbane telephoned the Perth registry to advise he had received an email requesting further information but was not very good with technology. A hard copy of the incomplete application with incomplete letter was posted to Mr Brisbane to return to the Commission within 7 days.

[6] Mr Brisbane did not contact the Commission or provide the necessary details as requested.

[7] 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.

[8] In these circumstances, I have determined that the application was not made in accordance with the Act.

[9] Consequently, the application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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