Ahmed Mohamed v Spotless Services Australia Limited [2023] FWC 1740

1 Fair Work Act 2009 s.394—Unfair dismissal Ahmed Mohamed v Spotless Services Australia Limited (U2023/5585) COMMISSIONER BISSETT MELBOURNE, 19 JULY 2023 Application for an unfair dismissal remedy [1] On 22 June 2023 Mr Ahmed Mohamed 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). [2] The application was incomplete in that Mr Mohamed did not pay the required fee or file a completed waiver form. [3] On 27 June 2023, the Commission attempted to contact Mr Mohamed on his nominated telephone number to discuss payment of the required fee or file a completed waiver form. The Commission advised Mr Mohamed that his waiver was blank and that he must either submit a completed waiver or pay the filing fee. [4] Later that day the Commission emailed a payment link to Mr Mohamed’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 days, the application may be dismissed. [5] On 28 June 2023, an SMS notification was sent to Mr Mohamed’s nominated telephone number requesting that he action the payment request email from the Fair Work Commission by paying the application fee. [6] On 30 June 2023, the Commission attempted to contact Mr Mohamed multiple times on his nominated telephone number. The calls were not answered. Voicemail messages were left for Mr Mohamed requesting he contact the Commission and advising that he should not, at this time, use the link for payment in the email correspondence to him as the payment amount would be incorrect. [2023] FWC 1740 DECISION -- 1 of 2 -- [2023] FWC 1740 2 [7] A final attempt to contact Mr Mohamed was made by the Commission on 11 July 2023 to obtain payment. The call was not answered, and a voicemail message was left advising Mr Mohamed that payment of the required fee was still outstanding. [8] To date Mr Mohamed has not paid the required fee or completed a waiver form. [9] 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. [10] 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. [11] 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 Printed by authority of the Commonwealth Government Printer <PR764327> -- 2 of 2 --