Application by Tamara Tiley

[2024] FWC 3587

[2024] FWC 3587

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.365—General protections

Application by Tamara Tiley

(C2024/8540)

DEPUTY PRESIDENT BEAUMONT PERTH, 24 DECEMBER 2024

Application to deal with contraventions involving dismissal – application dismissed.

1. On 27 November 2024 Ms Tamara Tiley made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Ms Tiley’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Section 367 of the Act is in the following terms:

“367      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 365; 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.”

1. Ms Tiley’s application was incomplete because she did not pay the required fee or file a completed request to waive the fee.

1. Commission staff contacted Ms Tiley on the following dates:

   ·   4 December 2024 by SMS; and

   ·   16 December 2024 by telephone.

1. On 16 December 2024 Ms Tiley was advised that she must pay the filing fee or apply for a waiver if she wished to proceed with the application. Ms Tiley was also warned that the application could be dismissed if the filing fee was not paid within two days.

1. To date there has been no response from Ms Tiley, no fee paid and no completed waiver request received.

1. Section 587 of the Act includes the following provisions:

“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.

…

(3) The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Ms Tiley’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.367) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Ms Tiley’s application.

1. Ms Tiley has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). The Commission’s inquiries and warnings have largely been ignored.

1. I have decided to dismiss Ms Tiley’s general protections claim using the power available under s.587(1)(a) and make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Ms Tamara Tiley on 27 November 2024 is dismissed.

DEPUTY PRESIDENT

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