Amal Michael Daoud v Bankstown Hospital [2023] FWC 2615

1 Fair Work Act 2009 s.394—Unfair dismissal Amal Michael Daoud v Bankstown Hospital (U2023/7789) COMMISSIONER BISSETT MELBOURNE, 11 OCTOBER 2023 Application for relief from unfair dismissal [1] On 20 August 2023, Amal Michael Daoud (the Applicant) 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 Form F2 Unfair Dismissal Application was incomplete in that the Applicant did not pay the required lodgement fee or file a completed fee waiver form. [3] On 23 August 2023, the Commission telephoned the Applicant and advised that a blank fee waiver form was attached to the application. The Commission advised the Applicant to file a completed fee waiver form. The Commission emailed the Applicant a blank copy of the fee waiver form, at the Applicant’s request. Shortly following this telephone call, the Commission received correspondence from the Applicant enquiring about what needs to be submitted. [4] On 25 August 2023, the Commission sent correspondence to the Applicant’s nominated email address reminding him that his application required payment of the lodgement fee or a completed fee waiver form if he wished to proceed with the application. This correspondence also warned that if payment was not made or a fee waiver form was not received, the application may be dismissed. [5] On 29 August 2023, the Commission attempted to contact the Applicant regarding payment of the lodgement fee or the filing of a completed fee waiver form. However, the Applicant could not be reached. A voicemail message was left requesting that the Applicant contact the Commission. [6] On 6 September 2023, the Commission further attempted to contact the Applicant on his nominated telephone number to obtain payment of the application lodgement fee or a completed fee waiver form. The Applicant could not be reached. A voicemail message was left advising the Applicant to contact the Commission as payment of the required fee or a completed fee waiver form was still outstanding. [2023] FWC 2615 DECISION -- 1 of 2 -- [2023] FWC 2615 2 [7] To date, no further correspondence has been received from the Applicant. The required fee has not been paid nor has a completed fee waiver form been received. [8] 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. [9] 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. [10] 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 <PR767040> -- 2 of 2 --