Ross Graham Mchardy v Karridale Group

[2023] FWC 2073

[2023] FWC 2073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Ross Graham Mchardy
v

Karridale Group

(U2023/6579)

COMMISSIONER BISSETT MELBOURNE, 22 SEPTEMBER 2023

Application for relief from unfair dismissal – incomplete application – dismissal under s.587 at the Commission’s initiative

1. On 19 July 2023, Mr Ross Graham Mchardy made an application to the Fair Work Commission for a remedy from unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The Form F2 Unfair Dismissal application form filed by Mr Mchardy was incomplete in that he had not paid the required application lodgement fee or provided a fee waiver form.

1. On 20 July 2023, the Commission emailed correspondence to Mr Mchardy’s nominated email address advising that his application was incomplete.

1. On 26 July 2023, the Commission attempted to contact Mr Mchardy on his nominated telephone number to advise that there was an issue with his application. Mr Mchardy did not answer the call. A voicemail message was left requesting that Mr Mchardy call back the Commission.

1. As no further correspondence was received, on 2 August 2023, the Commission further attempted to contact Mr Mchardy on his nominated telephone number. A voicemail message was left requesting that Mr Mchardy call the Commission back regarding his application.

1. On 23 August 2023, the Commission emailed correspondence to Mr Mchardy’s nominated email address advising that the required application lodgement fee had not been paid and that no fee waiver form had been received by the Commission. This correspondence advised that if a fee waiver form was not provided or the required lodgement fee was not paid within 7 days, the application may be dismissed. An SMS message was also sent to the Applicant’s nominated telephone number requesting that he contact the Commission.

1. On 31 August 2023, the Commission attempted to call Mr Mchardy on his nominated telephone number regarding his application. Mr Mchardy did not answer the call. A voicemail message was left requesting a call back to the Commission by close of business 31 August 2023. This message further explained that the application may otherwise be referred to a Member and dismissed without further notice.

1. To date, Mr Mchardy has not paid a filing fee or provided a fee waiver form to the Commission.  

1. Section 587(1) of the FW Act provides as follows:

   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.

1. In these circumstances, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER

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