Alina Henderson-Cameron v Broken Hill Palace Hotel

[2019] FWC 1637

[2019] FWC 1637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Alina Henderson-Cameron
v
Broken Hill Palace Hotel
(U2019/831)

DEPUTY PRESIDENT DEAN SYDNEY, 13 MARCH 2019

Application for relief from unfair dismissal - filing fee not paid – application dismissed.

[1] On 25 January 2019, Ms Alina Henderson-Cameron made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Henderson-Cameron did not pay the required fee at the time of lodgement.

[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 29 January 2019, Ms Henderson-Cameron was advised by telephone that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 20 February 2019, correspondence was sent to Ms Henderson-Cameron advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. She was advised that if no response was received within 14 days her application may be closed.

[6] On 28 February and 8 March 2019, the Commission attempted to contact Ms Henderson-Cameron by telephone in relation to the correspondence dated on 20 February 2019. No response was received from Ms Henderson-Cameron and payment of the required fee has not been made.

[7] 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.

[8] 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 to that effect will issue with this decision.

DEPUTY PRESIDENT

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