Andrew Drummond v Response Property Services

[2015] FWC 1820

[2015] FWC 1820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Andrew Drummond
v
Response Property Services
(U2015/2071)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 MARCH 2015

Application for relief from unfair dismissal.

[1] On 6 January 2015, Mr Andrew Drummond made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Drummond did not pay the required fee.

[3] On 7 January 2015, the Fair Work Commission left a voice message on Mr Drummond’s telephone requesting he contact the Commission.

[4] On 7 January 2015, Mr Drummond was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] On 16 January 2015, the Commission received a waiver form from Mr Drummond. The waiver form was incomplete and was refused as insufficient information was provided.

[6] On 20 January 2015, further attempts were made to contact Mr Drummond by telephone. A message was left on Mr Drummond’s mobile telephone asking him to contact the Commission.

[7] On 22 January 2015, the Commission forwarded email correspondence to Mr Drummond advising that in the absence of any advice from Mr Drummond, his application may be dismissed.

[8] On 4 March 2015, the Commission again left a message on Mr Drummond’s mobile telephone asking him to contact the Commission.

[9] 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.

[10] No response has been received from Mr Drummond and payment of the required fee has not been made.

[11] 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.

[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 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 shortly.

DEPUTY PRESIDENT

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