Alicia Clemie v PETstock Pty Ltd

[2021] FWC 50

[2021] FWC 50

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Alicia Clemie
v
PETstock Pty Ltd
(U2020/15897)

COMMISSIONER BISSETT MELBOURNE, 6 JANUARY 2021

Application for an unfair dismissal remedy.

[1] On 11 December 2020 Mrs Alicia Clemie 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 Mrs Clemie did not pay the required fee or file a completed waiver form.

[3] On 14 December 2020 the Commission attempted to contact Mrs Clemie on her nominated telephone number to discuss payment of the required fee, however Mrs Clemie did not answer the call. A voicemail message was left requesting Mrs Clemie to contact the Commission.

[4] Later that day the Commission emailed correspondence to Mrs Clemie’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form not received within 14 days, the application may be dismissed.

[5] On 31 December 2020, the Commission made a final attempt to contact Mrs Clemie to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mrs Clemie that payment of the required fee was still outstanding.

[6] 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.

[7] Section 587(1) of the FW 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 prospect of success.

[8] To date there has been no response from Mrs Clemie, the required fee has not been paid and a completed waiver form has not been received.

[9] Having regard to the circumstances of this matter, I am satisfied that 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. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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