Beau Bloemsaat v LSDH Corp T/A Tribe Lifestyle

[2017] FWC 3554

[2017] FWC 3554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Beau Bloemsaat
v
LSDH Corp T/A Tribe Lifestyle
(U2017/5529)

DEPUTY PRESIDENT CLANCY MELBOURNE, 5 JULY 2017

Application for an unfair dismissal remedy.

[1] On 24 May 2017, Mr Beau Bloemsaat made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] On 25 May 2017, the Fair Work Commission sent correspondence to Mr Bloemsaat advising that the application was made without payment of the lodgement fee. It was noted that if he wished to proceed with the application, he should telephone the Commission and that in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 5 June and 22 June 2017, the Commission telephoned Mr Bloemsaat and on each occasion left a voicemail message seeking a return call regarding the outstanding lodgement fee. A further attempt to contact Mr Bloemsaat was made on 4 July 2017, however the message received was that the phone had been disconnected.

[5] To date, no response to the Commission’s correspondence or attempts to contact Mr Bloemsaat has been received.

[6] 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.

[7] 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.

[8] 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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