DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jacqueline Preece
v
Tynan Motors Pty Ltd
(U2019/12587)

Application for an unfair dismissal remedy – fee not paid – application dismissed.

[1] On 12 November 2019, Ms Jacqueline Preece made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Preece did not pay the required fee.

[3] 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.

[4] On 13 November 2019, Ms Preece was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 13 December 2019, Ms Preece contacted the Commission by telephone to request a further copy of the waiver form to be emailed to her to complete. The waiver form was emailed to her the same day.

[6] On 24 December 2019, the Commission made a further attempt to contact Ms Preece without success. A voicemail message was left advising Ms Preece that she must contact the Commission on an urgent basis or her application may be dismissed.

[7] No response was received from Ms Preece and she did not make the payment of the required fee or send a completed waiver application.

[8] 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.

[9] 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 dismissing the application will be separately issued.

DEPUTY PRESIDENT

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