Bonnie Davey v Weac T/A Tandana Mt Waverley Adolescence Emergency Centre

[2013] FWC 8858

[2013] FWC 8858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Bonnie Davey
v
WEAC T/A Tandana Mt Waverley Adolescence Emergency Centre
(U2013/10428)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 13 NOVEMBER 2013

Application for relief from unfair dismissal.

[1] On 9 June 2013, Ms Bonnie Davey made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 12 June 2013, Ms Davey 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 5 July 2013 and 17 July 2013, the Fair Work Commission (the Commission) contacted Ms Davey in relation to the correspondence dated 12 June 2013. On 9 August 2013 the Commission advised Ms Davey, by email correspondence, to provide payment within seven days or the application may be dismissed. No response was received from Ms Davey 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 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544405>