Charles Murrie v Evolution Concepts Pty Ltd

[2017] FWC 2693

[2017] FWC 2693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Charles Murrie
v
Evolution Concepts Pty Ltd
(U2017/4101)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 MAY 2017

Application for an unfair dismissal remedy.

[1] On 13 April 2017, Mr Charles Murrie made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth).

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

[3] On 18 April 2017, the Fair Work Commission attempted to telephone Mr Murrie, however this was unsuccessful and a voicemail was left. On the same day, correspondence was sent to Mr Murrie advising that payment of the lodgement fee or a completed waiver form was required if he wished to proceed with his application. Mr Murrie was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[4] Further attempts to telephone Mr Murrie were made on 20 April, 28 April and 8 May 2017. On each occasion, a voicemail was left seeking a return call. An email was also sent to Mr Murrie on 28 April 2017, requesting a return call so payment details may be processed.

[5] To date, no response from Mr Murrie has been received.

[6] Section 395 of the Act, 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] 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.

[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 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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