Enforcing a FWC Decision or recover unpaid wages – Part V
Hello welcome to Tips Tuesday. My name is Melanie Thorley, and this is part 5 of how to enforce a decision from the Fair Work Commission. Today we’re going to look at service. You’ve got your decision from the Fair Work Commission, your hasn’t been paid, you want to enforce it. You’ve filled in your application, your form 5. You’ve filed it, now the next thing you need to do is to serve it upon the of the party.
Let’s quickly go to the Federal Circuit Court again. The way you pick up that form that is stamped is you go to the Commonwealth courts portal. Now I’ve created a user here but you can create your own user. Your name and details in there and you can log on, let me just. This is what the Commonwealth portal looks like. You go to your available files and that will pop up, and there will be the matter for which you’ve got. Inside there you’ll be able to click on the documents and bring them up.
I can’t do that today because of sensitive information, but if you click through you be able to find that quite easily. However, if you’re having problems my suggestions is you give them a quick call or click on live chat, and they should be able to give you some assistance. Now you’ve got the forms, you’ve downloaded them, they’ve been stamped, and it’s time for serving them. The way I do that is we go back to our federal court website, and we need a form to do that. Okay, we go back to the federal circuit court, go under forms and fees, scroll down again to Industrial Law, and click on affidavit of service.
It’s important that you serve the documents appropriately. These need to be served, let me just bring this document up. Affidavit, and then it tells you a little bit here about what the rules are. You need to be able to serve this and then have its sworn. We’re going to scroll down here and take a look at. It asks for the person serving the documents, and then it asked for the name of the person served, it asks for the date of service, and then what documents were served. We know that there is an application and a form 5, which is dated at a particular date.
You need to identify how you serve the person or business, and you can say that you handed it to the, you attempted to hand it to them, or they refuse to accept them, and so on and so forth. You also need to let the courts know how you identify the person. Likely it’s going to be your boss, so you know the person, or you know something about the person. Like you’ve said, “I’ve had the following conversation,” and the conversation would go, “Are you Mr. Or Mrs. So and so, or are you the director of blah blah business?” When they answer yes or no, you need to make sure that you are serving the right entity.
You need to either affirm or swear that the facts are true, have it signed, have it witnessed. The witness can be a justice of the peace, a commissioner of declarations, or a solicitor. Once you’ve done that document and you’ve actually served, you’ve done your affidavit of service, you need to scan this affidavit of service, and turn it into a PDF, and file it like you have with the others. Hopefully that’s been helpful for you today, and that you can now go ahead and fill in the application form, the form 5. A form that goes with the application. You do your affidavit of service, and you will likely wait for your first court date. We call those a directions or a return date, where the judge will provide you with some information as to what to do next.
That’s the end of that tutorial session. Hopefully you found this useful. If you’ve got the questions please give me a call, thank you.