Cassandra Thong v Virtual Business Partners Pty Ltd
[2023] FWC 997
•27 APRIL 2023
| [2023] FWC 997 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.603 – Varying and revoking the Fair Work Commission’s decisions
Cassandra Thong
v
Virtual Business Partners Pty Ltd
(U2023/2697)
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 27 APRIL 2023 |
Varying or revoking the Fair Work Commission’s decisions – s. 603 of the Fair Work Act 2009 – Decision revoked
On 20 April 2023 a Decision[1] dismissing Ms Thong’s application for an unfair dismissal remedy was issued on the basis that Ms Thong had not paid the filing fee or filed a completed waiver form.
On the same day, shortly after the Decision was issued, Ms Thong advised the Commission that she had paid the application fee on 19 April 2023. A review of the Commission’s file confirmed that payment had, in fact, been made on 19 April 2023.
The Commission wrote to the Respondent advising that as Ms Thong had paid the filing fee, I was inclined to revoke the Decision. The Respondent was advised that if it opposed the Decision being revoked it must advise the Commission no later than 4.00 pm on Wednesday 27 April 2023. No material has been received from the Respondent.
Section 603 of the Fair Work Act 2009 (FW Act) provides that the Commission may revoke a decision that is made under the FW Act and may do so on its own initiative. In the circumstances, I exercise my discretion under s.603 of the FW Act to revoke the Decision.
DEPUTY PRESIDENT
[1] [2023] FWC 925
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