Stacey Solomon-Creati

[2018] FWC 7833

[2018] FWC 7833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stacey Solomon-Creati
(U2018/11699)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 DECEMBER 2018

Application for an unfair dismissal remedy.

[1] On 13 November 2018, the Fair Work Commission (the Commission) received an application from Ms Stacey Solomon-Creati, via express post, for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Solomon-Creati’s Form F2 – Unfair Dismissal Application (Form F2) was incomplete as it appeared to be missing the second page of the application form. Ordinarily, the second page of the Form F2 would contain details of the respondent. Further, the Commission’s records demonstrate that on the application fee page of the Form F2, Ms Solomon-Creati indicated that she had enclosed a payment waiver form with her Form F2, however the Commission did not receive this.

[3] Accordingly, Ms Solomon-Creati did not pay the required fee.

[4] On 14 November 2018, the Commission attempted to telephone Ms Solomon-Creati in relation to her application. As she was unable to be reached, a voicemail message was left requesting she return the Commission’s call. Following this, email correspondence was sent to Ms Solomon-Creati’s nominated email address advising that page two of her Form F2 was missing and that there was no payment waiver form enclosed with her application. The correspondence further warned that if Ms Solomon-Creati did not pay the application fee or make an application to have the fee waived within 14 days, her application may be dismissed.

[5] On 16 November 2018, Ms Solomon-Creati contacted the Commission and requested a copy of the missing page be mailed to her. The Commission complied with her request and the missing page of the Form F2 was sent to Ms Solomon-Creati via post.

[6] On 4 December 2018, the Commission attempted to telephone Ms Solomon-Creati to follow up on the filing of missing page of her Form F2 and her payment waiver form. Ms Solomon-Creati could not be contacted, and a voicemail message was left requesting her return call.

[7] A final attempt to telephone Ms Solomon-Creati was made on 18 December 2018, and as she was unable to be reached, a voicemail message was left advising that if she did not return the Commission’s call by close of business the same day, the matter would be referred for closure.

[8] To date, Ms Solomon-Creati has not responded to the Commission’s correspondence or provided the necessary details as requested.

[9] 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.”

[10] 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.”

[11] 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, Ms Solomon-Creati’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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