Clare Silk v Peregian Beach Community House Inc

[2014] FWC 2383

[2014] FWC 2383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Clare Silk
v
Peregian Beach Community House Inc
(U2014/5645)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 9 APRIL 2014

Application for relief from unfair dismissal.

[1] On 18 March 2014, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Ms Clare Silk.

[2] Ms Silk did not pay the required fee.

[3] On 18 March 2014, Ms Silk was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] 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.

[5] On 1 April 2014, the Fair Work Commission (the Commission) attempted to contact Ms Silk in relation to the correspondence dated 18 March 2014. A voice message was left for Ms Silk to contact the Commission regarding the application. No response was received from Ms Silk and payment of the required fee has not been made.

[6] 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.

[7] 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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