Warren John McCorriston v Body Corporate for Q1 CTS 34498

[2020] FWC 1039

[2020] FWC 1039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Warren John McCorriston
v
Body Corporate for Q1 CTS 34498
(U2020/222)

COMMISSIONER BISSETT MELBOURNE, 2 MARCH 2020

Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative.

[1] On 7 January 2020, Mr Warren McCorriston made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[1] Mr McCorriston did not pay the required fee.

[2] On 8 January 2020 the Commission telephoned Mr McCorriston on his nominated telephone number to discuss payment. The call was answered by an unidentified woman who advised that Mr McCorriston was away. Later that day the Commission sent correspondence to Mr McCorriston nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. The correspondence also warned that if Mr McCorriston did not pay the application fee or make an application to have the fee waived within 14 days his application may be dismissed. Mr McCorriston did not respond to the correspondence.

[3] On 17 January 2020 the Commission again attempted to telephone Mr McCorriston to discuss payment. Mr McCorriston was not available and a message was left with “Anne” for Mr McCorriston to contact the Commission to discuss payment. “Anne” said she would pass the message on to Mr McCorriston to contact the Commission. Mr McCorriston did not return the Commission’s call

[4] A further attempt to telephone Mr McCorriston was made on 22 January 2020 to discuss payment. Again a message was left for Mr McCorriston with “Anne” who said Mr McCorriston will call the Commission. Mr McCorriston failed to call the Commission.

[5] The Commission again attempted to telephone Mr McCorriston on 11 February 2020. A further message was left for Mr McCorriston with “Anne” who said that Mr McCorriston will call the Commission on Thursday to make payment. No response was received from Mr McCorriston and payment of the required fee has not been made.

[6] Section 395, 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.

[7] 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.

[8] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, 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 1 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR717041>

 1   PR717143.