Anna Vitanza v Styleplus

[2014] FWC 1311

[2014] FWC 1311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Anna Vitanza
v
Styleplus
(U2013/16005)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 21 FEBRUARY 2014

Application for relief from unfair dismissal.

[1] On 18 November 2013, an application pursuant to s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Miss Anna Vitanza.

[2] Miss Vitanza did not pay the required fee.

[3] On 20 November 2013, Miss Vitanza was advised by telephone that her application required payment of the ($65.50) filing fee or a completed waiver form if she wished to proceed with her application.

[4] 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.

[5] On 22 November 2013, the Fair Work Commission (the Commission) sent correspondence to Miss Vitanza in relation to the required payment and attaching a waiver form application.

[6] On 10 December 2013, Miss Vitanza was contacted by the Commission. Miss Vitanza advised she would complete a notice of discontinuance for this matter and an email was sent to attaching the Form F50.

[7] No notice of discontinuance has been received from Miss Vitanza and payment of the required fee has not been made.

[8] 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.

[9] 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 and 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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