Dean Jaye v Stellar T/A Stellar Asia Pacific

[2014] FWC 4047

[2014] FWC 4047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dean Jaye
v
Stellar T/A Stellar Asia Pacific
(U2014/7080)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 19 JUNE 2014

Application for relief from unfair dismissal.

[1] On 5 May 2014, Mr Dean Jaye made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 7 May and 8 May 2014, attempts were made by the Fair Work Commission (the Commission) to contact Mr Jaye by telephone. Mr Jaye’s telephone did not allow for messages to be recorded.

[4] On 8 May 2014, email correspondence was forwarded to Mr Jaye advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] 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.

[6] On 4 June 2014, further email correspondence was forwarded to Mr Jaye advising that his application required payment of the filing fee or a completed waiver form.

[7] No response has been received from Mr Jaye and payment of the required fee has not been made.

[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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR552173>