Clive Fewings v Affinity Education T/A Affinity Education

[2015] FWC 6485

[2015] FWC 6485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Clive Fewings
v
Affinity Education T/A Affinity Education
(U2015/11057)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 18 SEPTEMBER 2015

Application for relief from unfair dismissal.

[1] On 18 August 2015, Mr Clive Fewings made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009.

[2] Mr Fewings provided his credit card number for the payment of the filing fee, however, when the Fair Work Commission attempted to charge the credit card on 18 August 2015, it declined.

[3] On 18 August 2015, Mr Fewings was sent correspondence advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Mr Fewings was advised that in the absence of advice from him within 14 days, his application may be dismissed.

[4] Mr Fewings did not respond to that correspondence.

[5] On 2 September 2015, further correspondence was sent to Mr Fewings requesting information about whether he wished to proceed. Mr Fewings was advised that in the absence of any advice from him within 14 days, his application may be dismissed. A voice message was also left on Mr Fewings’ mobile phone requesting that he telephone the Commission.

[6] Mr Fewings did not respond to that correspondence or telephone the Commission.

[7] 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.

[8] To date, Mr Fewings has not made payment of the required fee or filed a completed waiver form.

[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 and that the application was not made in accordance with the Act. As such, the application is dismissed pursuant to section 587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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