Robert Costanzo v I&D Group Pty Ltd

[2021] FWC 6519

[2021] FWC 6519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Costanzo
v
I&D Group Pty Ltd
(U2021/10061)

COMMISSIONER BISSETT MELBOURNE, 6 DECEMBER 2021

Application for an unfair dismissal remedy

[1] On 8 November 2021 Mr Robert Costanzo 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). Mr Costanzo alleged he was unfairly dismissed by I&D Group Pty Ltd (the Respondent) on 19 October 2021.

[2] The application was incomplete in that Mr Costanzo did not pay the required fee or file a completed waiver form.

[3] On 11 November 2021 the Commission attempted to contact Mr Costanzo on his nominated telephone number to discuss payment of the required fee however, Mr Costanzo did not answer the call. A voicemail message was left advising Mr Costanzo that no fee was paid or waiver attached to the application and requesting a completed waiver form be sent or he call the Commission to make payment.

[4] Later that day, the Commission emailed correspondence to Mr Costanzo’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 was not made or a waiver form was not received within 14 days, the application may be dismissed.

[5] A final attempt to contact Mr Costanzo was made by the Commission on 26 November 2021 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mr Costanzo that payment of the required fee was still outstanding.

[6] To date there has been no response from Mr Costanzo, the required fee has not been paid and a completed waiver form has not been received.

[7] 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.

[8] Section 587(1) of the FW 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 prospect of success.

[9] 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 with this decision.

COMMISSIONER

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