Takirau Figure v Johnny Bigg Pty Limited

[2023] FWC 1824

[2023] FWC 1824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Takirau Figure
v

Johnny Bigg PTY Limited

(U2023/5926)

COMMISSIONER BISSETT MELBOURNE, 25 JULY 2023

Application for an unfair dismissal remedy

1. On 1 July 2023 Mr Takirau Figure 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).

1. The application was incomplete in that Mr Figure did not pay the required fee or file a completed waiver form.

1. On 5 July 2023, the Commission emailed correspondence to Mr Figure’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 7 calendar days the application may be dismissed.

1. On 10 July 2023, the Commission emailed correspondence to Mr Figure’s nominated email address reminding him that his application required payment of the filing fee or a completed waiver form if he wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received, the application may be dismissed.

1. A final attempt to contact Mr Figure on his nominated telephone number was made by the Commission on 13 July 2023 to obtain the required payment. Mr Figure advised that he had been trying to seek legal advice and that he wished to proceed with his application. The Commission warned Mr Figure that if he did not contact the Commission by 16 July 2023 to make payment or to advise that he wished to discontinue, the application may be dismissed. An SMS notification was also sent to Mr Figure’s nominated telephone number with a link to a page which may have offered him legal advice.

1. To date there has been no response from Mr Figure, the required fee has not been paid and a completed waiver form has not been received.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

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.

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. I am satisfied that, as the application was not 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.

COMMISSIONER
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