Carole Ann Davis v Great Barrier Reef Tuna

[2016] FWC 8404

[2016] FWC 8404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Carole Ann Davis
v
Great Barrier Reef Tuna
(U2016/12771)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 21 October 2016, Ms Carole Ann Davis made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Ms Davis in the Fair Work Commission (the Commission) was incomplete as she did not pay the filing fee.

[3] On 21 October 2016, the Commission attempted to contact Ms Davis on the telephone number provided in her application, but was unsuccessful. On the same date, an email was sent to Ms Davis advising that her application was incomplete and required payment of the filing fee or a completed waiver form and that in the absence of a completed application being received within 14 days, her application may be dismissed.

[4] On 4 November 2016, the Commission again attempted to contact Ms Davis on the telephone number provided in her application but was unsuccessful. A further email was sent to Ms Davis advising that her application was incomplete and required payment of the filing fee or a completed waiver form and that in the absence of a completed application being received within 14 days, her application may be dismissed.

[5] On 7 November 2016, the Commission again attempted to contact Ms Davis on the telephone number provided in her application, but was unsuccessful.

[6] To date, Ms Davis has not contacted the Commission or provided the necessary details as requested.

[7] 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.

[8] Having regard to the above, Ms Davis has failed to pay the required fee or complete an application for fee waiver.

[9] 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.

[10] 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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