Shannon Archer v Unknown Summary

[2022] FWC 2434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 -Application for unfair dismissal remedy

Shannon Archer

Unknown

(U2022/8726)

cOMMISSIONER bISSETT

MELBOURNE, 13 SEPTEMBER 2022

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

On 25 August 2022, Mr Shannon Archer (the Applicant) 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).

The Form F2 application filed by the Applicant was incomplete in that he did not provide the second page of the application containing the Respondent’s details. The Form F80 Fee waiver filed with the Form F2 was also incomplete as it was missing specific details required in order for the waiver request to be assessed.

On 29 August 2022, the Commission attempted to contact the Applicant in relation to his application on his nominated telephone number to request the missing details. The Applicant did not answer the call. A voicemail message was left requesting the Applicant contact the Commission as he had provided an incomplete dismissal application and fee waiver application.

Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that he needed to provide further details as the dismissal application and his fee waiver application. That correspondence also advised that if the missing information was not provided within 14 days, the application may be dismissed.

As the required information was not received, on 8 September 2022 the Commission attempted to contact the Applicant on his nominated telephone number. A voicemail message was left requesting the Applicant urgently provide the information sought, or the matter may be dismissed.

To date, no response has been received and the applicant has not provided the necessary details as requested.

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 prospects of success.

Having regard to the circumstances of this matter, I am satisfied that as the application was not fully completed or 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 shortly.

COMMISSIONER

[1] PR745771

Printed by authority of the Commonwealth Government Printer

The applicant, Shannon Archer, sought relief from unfair dismissal through the Fair Work Commission, but the application was deemed incomplete due to insufficient information. The respondent, whose identity was unknown at the time, opposed the application. The Fair Work Commission was tasked with deciding whether the application was sufficiently complete to proceed and, if not, whether the matter should be dismissed under section 587 at the Commission's initiative.

The primary legal issue before the Commission was whether the application could be considered complete despite the lack of certain information, and if not, whether it was appropriate to dismiss the matter under section 587. This required an analysis of the statutory requirements for a dismissal application and the discretion available to the Commission in cases of incomplete applications.

The Commission held that the application was indeed incomplete as it did not include all necessary information as required by the Fair Work Act. The Commission exercised its discretion under section 587 and dismissed the application at its own initiative. The Commission reasoned that the application's incompleteness hindered its ability to properly assess the merits of the unfair dismissal claim, and thus, it was in the interests of justice to dismiss the matter.

No final orders were made as the application was dismissed. The dismissal under section 587 meant that the application did not proceed to a substantive hearing on the merits of the unfair dismissal claim.

Shannon Archer v Unknown

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