Andrew Gray v Vita Group

[2016] FWC 1055

[2016] FWC 1055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Andrew Gray
v
Vita Group
(U2015/13864)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 9 MARCH 2016

Application for relief from unfair dismissal.

[1] On 26 October 2015, Mr Andrew Gray made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Gray did not pay the required fee or lodge a waiver form.

[3] On 27 October 2015, Mr Gray was sent a letter by email giving him 14 days to provide the Commission a complete application and to make payment of the fee or lodge a waiver.

[4] On 10 November 2015 and 2 December 2015, the Commission attempted to contact Mr Gray without success. On the same date, a second letter was sent giving Mr Gray a further 14 days to provide a complete application.

[5] On 7 December 2015, Mr Gray confirmed the name and the address of the respondent. Mr Gray also requested a Waiver form be sent to him via mail. This form was sent to Mr Gray on 11 December 2015.

[6] On 29 January 2016 and 24 February 2016, the Commission attempted to contact Mr Gray, again without success.

[7] To this date, Mr Gray has not made contact with the Commission and he has not provided a complete application as requested by the Commission on several occasions.

[8] 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.”

[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 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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