Charles Struber v Silver Gull Pty Ltd T/A Trinity Links Resort and Apartments

[2015] FWC 4382

[2015] FWC 4382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Charles Struber
v
Silver Gull Pty Ltd T/A Trinity Links Resort & Apartments
(U2015/7429)

COMMISSIONER WILSON MELBOURNE, 6 JULY 2015

Application for relief from unfair dismissal.

[1] On 7 May 2015, Mr Charles Struber made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 7 May 2015, Mr Struber was advised by mail correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. A voicemail message was also left on his telephone asking him to contact the Fair Work Commission.

[4] On 21 May 2015, the Commission telephoned Mr Struber and left a message asking him to contact the Commission.

[5] On 26 May 2015, the Commission telephoned Mr Struberw who advised he wished to proceed with this application and would be making payment of the required fee.

[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 2 June 2015 and 16 June 2015, Mr Struber was again advised by mail correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[8] No response has been received from Mr Struber 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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