Daniel Triffitt v Harringtons Spreadmasters

[2015] FWC 2350

[2015] FWC 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Daniel Triffitt
v
Harringtons Spreadmasters
(U2015/3606)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 7 APRIL 2015

Application for relief from unfair dismissal.

[1] On 2 March 2015, Mr Daniel Triffitt made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

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

[3] On 3 March 2015, email correspondence was forwarded to Mr Triffitt advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 3 March 2015, the Fair Work Commission spoke with Mr Triffitt who advised he would send a money order for the lodgement fee.

[5] On 17 March 2015, the Commission telephoned Mr Triffitt who advised he did not receive correspondence from the Commission dated 3 March 2015. He was advised that the file will be closed if the payment was not received.

[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 25 March 2015, email and postal correspondence was forwarded to Mr Triffitt advising 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 Triffitt 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.

DEPUTY PRESIDENT

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