Anita Tang v Coles Supermarkets Australia Pty Ltd

[2018] FWC 7079

[2018] FWC 7079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anita Tang
v
Coles Supermarkets Australia Pty Ltd
(U2018/5774)

DEPUTY PRESIDENT DEAN SYDNEY, 19 NOVEMBER 2018

Application for an unfair dismissal remedy.

[1] On 2 June 2018, Ms Anita Tang made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Tang did not pay the required fee.

[3] On 6 June 2018, Ms Tang was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] Section 395 of the 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.

[5] On 13 September 2018, the Commission attempted to contact Ms Tang in relation to the correspondence dated on 16 August 2018. A further and final attempt was made to contact Ms Tang by telephone on 13 September 2018. No response was received from Ms Tang and payment of the required fee has not been made.

[6] 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.

[7] Having regard to the circumstances of this matter, I am satisfied and find that the application was not made in accordance with the Act as the application was not accompanied by the prescribed fee. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR702426>