David Andrews v Stratel

[2016] FWC 8943

[2016] FWC 8943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

David Andrews
v
Stratel
(U2016/13983)

DEPUTY PRESIDENT CLANCY MELBOURNE, 13 DECEMBER 2016

Application for relief from unfair dismissal.

[1] On 22 November 2016, Mr David Andrews made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 23 November 2016, Mr Andrews was advised by telephone that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Mr Andrews said he would email a completed application for fee waiver by the end of the day. After the telephone call, an email was also sent to Mr Andrews, advising that if he wished to proceed with the application, payment or a completed application for fee waiver would need to be filed.

[4] Section 395 of the 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 29 November 2016, the Fair Work Commission (the Commission) attempted to contact Mr Andrews via telephone in relation to the correspondence dated 23 November 2016, however, there was no answer and a voicemail message was left.

[6] On 6 December 2016, the Commission again attempted to contact Mr Andrews via telephone to advise the application remained unpaid. There was no answer and a voicemail message was left.

[7] To date, payment of the required fee has not been made and a completed application for fee waiver has not been received.

[8] 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.

[9] 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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