Sonia Georgievski v Qantas Ground Services Pty Ltd

[2019] FWC 149

[2019] FWC 149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Sonia Georgievski
v
Qantas Ground Services Pty Ltd
(U2018/11857)

COMMISSIONER BISSETT MELBOURNE, 11 JANUARY 2019

Application for an unfair dismissal remedy.

[1] On 15 November 2018, Mrs Sonia Georgievski made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). The application was made via telephone with the assistance of a Commission staff member.

[2] In her Form F2 – Unfair Dismissal Application (Form F2), Mrs Georgievski stated that her employment had been terminated by Qantas Ground Services Pty Ltd (Qantas) on 25 October 2018. However, Mrs Georgievski did not set out the remedy she was seeking, the reasons given by Qantas for her dismissal, and the reasons why she believed her dismissal was unfair, as required by the Form F2. Furthermore, Mrs Georgievski did not pay the required fee but indicated to the Commission staff member at the time of making her telephone application that she wished to apply for a waiver of the application fee.

[3] On 19 November 2018, the Commission sent correspondence to Mrs Georgievski’s nominated email address advising that pursuant to Rule 9 of the Fair Work Commission Rules 2013,her telephone application could not be further processed until she paid the application fee and returned the signed, completed application to the Commission. The correspondence also attached Mrs Georgievski’s incomplete Form F2 and a fee waiver application form, and requested that she complete both forms within 14 days. Further, the correspondence warned that in the absence of any advice from Mrs Georgievski within 14 days, her application may be dismissed.

[4] As no advice was received from Mrs Georgievski, the Commission attempted to telephone her on the contact number provided by her at the time of making her application. However, Mrs Georgievski could not be reached and a voicemail message could not be left.

[5] A final attempt to contact Mrs Georgievski was made by the Commission on 20 December 2018. Again, she could not be reached and a voicemail message was unable to be left.

[6] To date, Mrs Georgievski has not responded to the Commission’s correspondence and has not returned the forms as requested.

[7] Section 395 of the 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.”

[8] Section 587(1) of the 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 complete and was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, Mrs Georgievski’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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