Casey Dahlenburg v Norris Group

[2020] FWC 3774

[2020] FWC 3774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Casey Dahlenburg
v
Norris Group
(U2020/9007)

COMMISSIONER BISSETT MELBOURNE, 17 JULY 2020

Application for an unfair dismissal remedy.

[1] On 1 July 2020, Ms Casey Dahlenburg made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Ms Dahlenburg did not pay the required fee or file a completed waiver form.

[3] On 1 July 2020, the Commission contacted Ms Dahlenburg on her nominated telephone number to discuss payment of the required fee. The Commission advised Ms Dahlenburg that the filing fee was still outstanding to which Ms Dahlenburg advised she had not realised she had to pay a filing fee. The Commission advised if payment would cause Ms Dahlenburg financial hardship, she could apply to have the fee waived. Ms Dahlenburg asked for a waiver form to be sent to her to complete.

[4] Later that day, the Commission emailed correspondence to Ms Dahlenburg’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if they wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed.

[5] On 14 July 2002, the Commission attempted to contact Ms Dahlenburg to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Ms Dahlenburg that payment of the required fee was still outstanding.

[6] To date there has been no response from Ms Dahlenburg, the required fee has not been paid and a completed waiver form has not been received.

[7] Section 395 of the FW Act, which deals with application fees, provides as follows:

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] Section 587(1) of the FW 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

(b) the application has no reasonable prospects of success.

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order to this effect will be issued shortly.

COMMISSIONER

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