Ronald Delagarde v Response Traffic Management Pty Ltd

[2019] FWC 6947

[2019] FWC 6947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ronald Delagarde
v
Response Traffic Management Pty Ltd
(U2019/9876)

COMMISSIONER BISSETT MELBOURNE, 10 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 3 September 2019, Mr Ronald Delagarde made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application filed by Mr Delagarde was incomplete in that Mr Delagarde did not lodge a fee waiver application and did not pay the required fee.

[3] Section 395 of the FW 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.

[4] On 4 September 2019 Mr Delagarde was advised by voice message and via email correspondence from the Fair Work Commission (Commission) that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] On 18 September 2019 the Commission attempted to call Mr Delagarde in relation to the correspondence sent to him on 4 September 2019 but was unsuccessful. A voice message was left for Mr Delagarde to contact the Commission in regard to his application.

[6] On 30 September 2019 the Commission made a further attempt by telephone to contact Mr Delagarde in relation to his application filing fee but was again unsuccessful. Another voice message was left for Mr Delagarde to contact the Commission in regard to his application.

[7] No response has been received from Mr Delagarde and payment of the required fee has not been made.

[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 prospects 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 giving effect to this decision will be issued separately.

COMMISSIONER

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