Travis Cochrane v Designcrete and Formwork

[2019] FWC 7374

[2019] FWC 7374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Travis Cochrane
v
Designcrete and Formwork
(U2019/9971)

DEPUTY PRESIDENT DEAN SYDNEY, 25 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 5 September 2019, Mr Travis Cochrane made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] The application form filed by Mr Cochrane in the Fair Work Commission was incomplete as details of the date he began working for the employer were not provided.

[3] On 6 September Mr Cochrane was advised by both telephone and correspondence regarding the incomplete application and was requested to provide the required information.

[4] Further unsuccessful attempts were made to contact Mr Cochrane by telephone on 30 September, 11 and 15 October 2019. Voice messages were left to advise Mr Cochrane that in the absence of a completed application, his application may be dismissed.

[5] To date, Mr Cochrane has not contacted the Commission or provided the necessary details as requested.

[6] 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.

[7] Having regard to the circumstances of this matter, I am satisfied that the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to that effect will be issued.

DEPUTY PRESIDENT

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