Amanda McDonald v Three Camels Trust T/A Uluru Camel Tours

[2018] FWC 4287

[2018] FWC 4287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.372—General protections

Amanda McDonald
v
Three Camels Trust T/A Uluru Camel Tours
(C2018/2069)

VICE PRESIDENT CATANZARITI DARWIN, 25 JULY 2018

Application to deal with other contraventions dispute.

[1] On 18 April 2018, Ms Amanda McDonald (Applicant) made an application to the Fair Work Commission (the Commission) to deal with a general protections contraventions dispute under s.372 of the Fair Work Act 2009 (Cth) (the Act).

[2] On 24 April 2018, the Applicant was advised in a letter from the Commission that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[3] On 10 May 2018, the Applicant advised that she wished to continue with the application and that she would make payment by the “end of the weekend”.

[4] On 15 May 2018, the Commission sent and left an email and voice message with the Applicant, advising that her application would be dismissed if no response was received by close of business that day.

[5] Since that time no further response from the Applicant has been received by the Commission.

[6] The Applicant did not pay the required application fee.

[7] Section 373, which deals with application fees, provides:

“373 Application fees

(1) The application 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 section 372; 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] Regulation 3.08 of the Fair Work Regulations 2009 prescribes an application fee for the purposes of s.373(2).

[9] 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.”

[10] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee as required by s.373 of 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 this effect will be issued separately.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609166>