Cawdor Ross v Shadamcorp Pty Ltd T/A Aranyani Bison Adventure Tourism Park

[2014] FWC 4720

[2014] FWC 4720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Cawdor Ross
v
Shadamcorp Pty Ltd T/A Aranyani Bison Adventure Tourism Park
(U2014/7863)

COMMISSIONER WILSON MELBOURNE, 15 JULY 2014

Application for relief from unfair dismissal.

[1] On 13 June 2014, Mr Cawdor Ross made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Ross did not pay the required fee.

[3] On 13 June 2014, the Fair Work Commission (the Commission) contacted Mr Ross to advise his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Mr Ross advised that he had been unable to locate the waiver form on the Commission website and so he had completed a Form F1 instead.

[4] On 13 June 2014, the Commission sent a waiver form to Mr Ross by email correspondence.

[5] On 23 June 2014, the Commission sent email correspondence to Mr Ross requesting him to complete the application for waiver of filing fee. Mr Ross was allowed 14 days from the date of making the application to sign and return his completed application for waiver of filing fee. Mr Ross was advised that failure to return his completed waiver application would result in his application being dismissed.

[6] 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.

[7] On 3 July 2014, the Commission contacted Mr Ross in relation to the correspondence dated 23 June 2014.

[8] No response has been received from Mr Ross and payment of the required fee has not been made.

[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.

COMMISSIONER

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