Tauvela Soe

[2019] FWC 4225

[2019] FWC 4225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Tauvela Soe
(U2019/5430)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 15 May 2019, an application from Tauvela Soe (the Applicant) was received by the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). It was somewhat lacking in material details. For instance, it did not name an Employer/Respondent and nor did it outline either the commencement or termination dates of the employment.

[2] On 16 May 2019, the Commission contacted the Applicant via telephone. The Applicant was advised that as the Form F2 – Unfair Dismissal Application (Form F2) received by the Commission was incomplete, the required sections of the application needed to be completed and returned to the Commission. The Applicant was also advised that the Form F2 was required to be signed and dated, as well as accompanied by payment of the application fee or a completed Form F80 – Waiver of application fee (Form F80).

[3] On 21 May 2019, the Commission sent correspondence to the Applicant advising that the application would not be further processed until the application fee was paid or a Form F80 was received and the completed and signed Form F2 was returned to the Commission. The correspondence requested the Applicant do so within 14 days, and warned that if this was not done, the application may be dismissed.

[4] The Commission attempted to contact the Applicant via telephone on 22 May 2019, a voicemail message was left seeking a return call.

[5] On 23 May 2019, the Applicant contacted the Commission via telephone. The Applicant advised they wished to proceed with the application and would file a completed application.

[6] Two further call attempts were made to the Applicant on 31 May and 6 June 2019. The Applicant was unable to be reached on either occasion. A detailed voice message was left on both occasions seeking a return call and advising that if a completed Form F2 and payment of the application fee or a completed Form F80 was not provided, that the application may be dismissed.

[7] To date, no response from the Applicant has been received, the completed Form F2 has not been filed, no F80 has been received and no payment of the application fee has been made.

[8] 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.”

[9] 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.”

[10] Having regard to the above, I am satisfied the application was not made in accordance with the Act as the Applicant has not paid the required application fee nor been granted a fee waiver and has not filed a completed Form F2. As such, the Applicant’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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