Catherine Bishop v Roleystone Country Club

[2021] FWC 5124

[2021] FWC 5124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Catherine Bishop
v
Roleystone Country Club
(U2021/6658)

COMMISSIONER BISSETT MELBOURNE, 18 AUGUST 2021

Application for an unfair dismissal remedy.

[1] On 28 July 2021 Ms Catherine Bishop 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). Ms Bishop alleged she was unfairly dismissed by Roleystone Country Club (the Respondent) on 26 July 2021.

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

[3] On 30 July 2021 Ms Bishop emailed a completed waiver form to the Commission but the waiver was not granted. On 2 August 2021 the Commission attempted to contact Ms Bishop to advise the fee payment was still required, however Ms Bishop did not answer the call. A voicemail message was left requesting Ms Bishop contact the Commission to pay the filing fee. An email was also sent to Ms Bishop advising the waiver application was refused and the application fee would need to be paid by 16 August 2021 or the matter may be dismissed.

[4] A final attempt to contact Ms Bishop was made by the Commission on 16 August 2021 to obtain payment. The call was not answered and a voicemail message was left advising Ms Bishop that payment of the required fee was still outstanding.

[5] To date there has been no response from Ms Bishop, and the required fee has not been paid.

[6] 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.

[7] 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

(c) the application has no reasonable prospect 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 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 1 to this effect will be issued shortly.

COMMISSIONER

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