Dean Lisson v Hydroflow Pty Ltd

[2016] FWC 1787

[2016] FWC 1787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dean Lisson
v
Hydroflow Pty Ltd
(U2015/16318)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 21 MARCH 2016

Application for relief from unfair dismissal.

[1] On 27 November 2015, Mr Dean Lisson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 1 December 2015, Mr Lisson was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. On the same date the Commission attempted to contact Mr Lisson without success.

[4] 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.

[5] On 16 December 2015, the Commission attempted to contact Mr Lisson in relation to the correspondence dated on 1 December 2015. The call was not answered and a voice message was left. A further attempt was made to contact Mr Lisson on 11 January 2016. On the same date the Commission sent email correspondence attaching a waiver fee application form for completion.

[6] On 28 January 2016, the Commission made a final attempt to contact Mr Lisson. No response was received from Mr Lisson and payment of the required fee has not been made.

[7] 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.

[8] 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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