Tyson Vincenzi v Planit Kitchens
[2025] FWC 1140
•24 APRIL 2025
| [2025] FWC 1140 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s 394—Unfair dismissal
Tyson Vincenzi
v
Planit Kitchens
(U2025/2216)
| DEPUTY PRESIDENT BEAUMONT | PERTH, 24 APRIL 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed
On 26 February 2025, Mr Tyson Vincenzi (the Applicant) made an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act).
The Applicant’s application was not made in accordance with the Act (per s 587(1)(a)) because the prescribed fee (per s 373) has not been paid or waived. Section 587(1)(a) allows the Commission to dismiss an application without conducting a hearing, so long as the applicant has been afforded procedural fairness.
The Applicant applied for a waiver of the application fee using a Form F80 on 26 February 2025, however the form was incomplete.
Commission staff contacted the Applicant concerning this deficiency on the following dates:
· 4 March 2025 by email and SMS;
· 18 March 2025 by telephone;
· 4 April 2025 by email and SMS; and
· 14 April 2025 by email and SMS.
The Applicant has been on notice since 4 March 2025 of the likely consequences for his application if he did not pay the application fee or address the deficiencies in his application for a waiver. In emails from Deputy President Easton’s Chambers dated 4 April 2025 and 14 April 2025, the Applicant was directed to pay the application fee, apply for a waiver, or make any submissions he wished to make as to why his application should not be dismissed by 7 April 2025 and 16 April 2025 respectively.
To date, there has been no response from the Applicant to the Commission’s directions and attempts to contact him.
The Applicant has had ample opportunity to rectify the deficiency in the application and to show why his application should not be dismissed under s 587 of the Act (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss the Applicant’s unfair dismissal application using the power available under s 587(1)(a) Act and make the following order:
A.The application under s 394 of the Fair Work Act 2009 (Cth) made by Mr Tyson Vincenzi on 26 February 2025 is dismissed.
DEPUTY PRESIDENT
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