Dany Johnson v Australian Taxation Office T/A ATO

[2018] FWC 6589

[2018] FWC 6589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dany Johnson
v
Australian Taxation Office T/A ATO
(U2018/9986)

DEPUTY PRESIDENT BINET PERTH, 25 OCTOBER 2018

Application for an unfair dismissal remedy – application unpaid – application dismissed.

[1] On 26 September 2018, Ms Dany Johnson (Ms Johnson) made an application (Application) to the Fair Work Commission (FWC) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (FW Act).

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

[3] On 27 September 2018, Ms Johnson 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 the Application.

[4] Section 395 of the FW 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.

[5] On 11 October 2018, the FWC attempted to contact Ms Johnson in relation to the correspondence dated 27 September 2018. No response was received from Ms Johnson and payment of the required fee has not been made.

[6] Section 587(1) of the FW 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 FW 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 FW Act.

[8] An order dismissing the Application will be issued with this decision.

DEPUTY PRESIDENT

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