Belinda Payne v Lumargeo Pty Ltd T/A Subway Cooma

[2013] FWC 9640

[2013] FWC 9640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Belinda Payne
v
Lumargeo Pty Ltd T/A Subway Cooma
(U2013/15608)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 9 DECEMBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 6 November 2013, an application under s.394 of the Fair Work Act 2009 for a remedy for unfair dismissal was lodged by Ms Belinda Payne.

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

[3] On 7 November 2013, Ms Payne was advised by email correspondence 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 15 November 2013, the Fair Work Commission (the Commission) contacted Ms Payne by phone in relation to the correspondence dated 7 November 2013. Ms Payne advised that she would address the issue of payment over the weekend.

[6] No further correspondence was received from Ms Payne. The Commission attempted to contact Ms Payne by telephone on 27 November 2013 without success and left a voice message requesting that Ms Payne contact the Commission. Ms Payne has not returned the phone call to date and payment of the required fee has not been made.

[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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