Amanda Leman v Hakea Grove Aged Care Nursing Home

[2020] FWC 2391

[2020] FWC 2391

FAIR WORK COMMISSION

DECISION

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

Amanda Leman
v
Hakea Grove Aged Care Nursing Home
(U2020/3471)

COMMISSIONER BISSETT MELBOURNE, 7 MAY 2020

Application for an unfair dismissal remedy.

[1] On 24 March 2020, Miss Amanda Leman 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 Miss Leman did not pay the required fee or file a completed waiver form.

[3] On 24 March 2020, the Commission attempted to contact Miss Leman on her nominated telephone number to discuss payment of the required fee. No message was able to be left on her phone.

[4] Later that day, the Commission emailed correspondence to Miss Leman 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 advised that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. An SMS notification was also sent to Miss Leman’s nominated telephone number, advising that there was a problem with her application and requesting her to contact the Commission. Miss Leman sent an email advising she would submit a waiver application. No waiver application was received by the Commission.

[5] A further attempt to contact Miss Leman was made by the Commission on 24 April 2020 to obtain payment or a completed waiver form. Miss Leman advised that she would send the waiver application to the Commission.

[6] To date, there has been no response from Miss Leman, the required fee has not been paid and a completed waiver form has not been received.

[7] 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.

[8] 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 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 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. An Order to this effect will be issued shortly.

COMMISSIONER

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