Amanda Lily-Ferguson v Tailored Work Force T/A Warehouse

[2020] FWC 2305

[2020] FWC 2305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Amanda Lily-Ferguson
v
Tailored Work Force T/A Warehouse
(U2020/2939)

COMMISSIONER BISSETT MELBOURNE, 4 MAY 2020

Application for an unfair dismissal remedy.

[1] On 12 March 2020 Miss Amanda Lily-Ferguson (Applicant) 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). A blank fee waiver form was submitted with the application.

[2] The application was incomplete in that Miss Lily-Ferguson did not pay the required fee or file a completed fee waiver form.

[3] On 13 March 2020 the Commission emailed correspondence to Miss Lily-Ferguson’s nominated email address advising that her application required payment of the filing fee or a completed fee 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.

[4] On 3 April 2020 the Commission attempted to contact Miss Lily-Ferguson on her nominated telephone number to discuss payment of the required fee. A voicemail message was left requesting her to send a completed fee waiver form or pay the application fee.

[5] At 9:15am on 8 April 2020 the Commission again attempted to contact Miss Lily-Ferguson on her nominated telephone number. A voicemail message was left advising that the fee waiver form that was submitted with the application was blank. The message also advised that the application may be dismissed and a decision published.

[6] At 9:22am on 8 April 2020 the Commission received a call from Miss Lily-Ferguson’s support person. The Commission advised that Miss Lily-Ferguson must contact the Commission as soon as possible as the application was at risk of being dismissed. The support person advised that they would pass this message on to Miss Lily-Ferguson.

[7] Later that day the Commission received a fee waiver form from Miss Lily-Ferguson however, it was incomplete as required questions were not answered. The Commission emailed correspondence to Miss Lily-Ferguson advising that the fee waiver form was not complete and requesting she answer the required question.

[8] On 9 April 2020 the Commission attempted to contact Miss Lily-Ferguson on both her nominated telephone numbers provided. A voicemail message was left requesting a return call as soon as possible.

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

[10] Section 395 of the FW Act, 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.

[11] 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.

[12] 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 1 to this effect will be issued shortly.

COMMISSIONER

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