Simon Ouslinis v Anglicare

[2025] FWC 419

[2025] FWC 419

FAIR WORK COMMISSION

DECISION  

Fair Work Act 2009

s.365—General protections

Simon Ouslinis
v

Anglicare

(C2025/60)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 FEBRUARY 2025

Application to deal with contraventions involving dismissal

1. On 6 January 2025, Mr Simon Ouslinis lodged a Form F8 – General Protections Application involving dismissal (Form F8) under s 365 of the Fair Work Act 2009 (Act). Mr Ouslinis alleges that he was dismissed in contravention of the general protection provisions in Part 3-1 of the Act.

1. The application was not accompanied by payment of the application fee, as prescribed by the Fair Work Regulations 2009 (Regulations). Nor was a completed Form F80 – Application for waiver of the application fee (Form F80) attached.

Context

1. On 6 January 2025 at approximately 4:29pm the Commission attempted to contact Mr Ouslinis on his nominated telephone number to enquire about a Form F80, as the document provided with his application was not a Form F80 as required by the Regulations.

1. On 8 January 2025 at 11:09am, the Commission emailed correspondence to Mr Ouslinis’ nominated email address advising him that his application required payment of the filing fee or a completed Form F80 if he wished to proceed with the application.

1. On 14 January 2025 at 9:31am, the Commission emailed correspondence again to Mr Ouslinis’ nominated email address reminding him that his application required payment of the filing fee or a completed Form F80 if he wished to proceed. At 9:45am, Mr Ouslinis’ responded by email advising that he wished to apply for the application fee to be waived and asking how long he would be given to make payment. At approximately 12:01pm, the Commission attempted to contact Mr Ouslinis on his nominated telephone number but the call was not answered. A voicemail was left in which it was explained that the Form F80 is available for applicants experiencing financial hardship and reiterating that Mr Ouslinis could file a completed Form F80 which would potentially result in the filing fee being waived.

1. On 23 January 2025 at approximately 11:17am, a final attempt was made by the Commission to contact Mr Ouslinis’ on his nominated telephone number. The call was not answered and a voicemail was left advising him that if the matter was not discontinued, a decision may be issued and published on the Fair Work Commission’s website.

1. To date Mr Ouslinis has not paid the application fee or filed a Form F80. Mr Ouslinis has not made any further contact with the Commission, despite being warned that his application was at risk of being dismissed.

Legislative framework

1. Section 587 of the 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.

…
(2) Despite paragraphs (1) (b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

Consideration and conclusion

1. In considering all the circumstances, I am satisfied that the application has not been accompanied by the prescribed fee and has not been made in accordance with the Act. Mr Ouslinis has taken no action to address the deficiency despite being notified of it by the Commission on multiple occasions. The Commission has not been made aware of any further countervailing circumstances impacting on Mr Ouslinis’ capacity to respond to the Commission’s attempts to contact him or to provide Form F80. In these circumstances, I am satisfied that it is appropriate to dismiss the purported application in accordance with s.587(1)(a) of the Act.

1. The application is dismissed. An Order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR784288.

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<PR784287>