Edna Mandocdoc v Foodfolk Australia Pty Ltd

[2024] FWC 1429

[2024] FWC 1429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Edna Mandocdoc
v

Foodfolk Australia Pty Ltd

(U2024/3668)

DEPUTY PRESIDENT EASTON SYDNEY, 31 MAY 2024

Application for an unfair dismissal remedy

1. On 27 March 2024 Ms Edna Mandocdoc made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (Cth). The application was incomplete in that Ms Mandocdoc did not pay the required fee or file a completed waiver form.

1. On 7 April 2024 the Commission emailed correspondence to Ms Mandocdoc’s nominated email address advising that if she wished to proceed with her application she was required to pay the filing fee or complete an application for a waiver. That correspondence also warned that if payment was not made or a waiver form was not received within 7 calendar days the application may be dismissed.

1. A further reminder was sent by email on 12 April 2024. That reminder email also warned that if payment was not made or a waiver form was not received, the application may be dismissed.

1. The Commission made a final attempt to contact Ms Mandocdoc on her nominated telephone number on 17 April 2024. Ms Mandocdoc did not answer the call. A voicemail message was left advising Ms Mandocdoc that she needed to pay the required fee.

1. Later that day an email was sent to Ms Mandocdoc’s representative advising that payment of the filing fee remained outstanding, and that the matter may be dismissed without further notice unless payment or a completed waiver application was received by the Commission.

1. To date there has been no response from Ms Mandocdoc or Ms Mandocdoc’s representative, the required fee has not been paid and a completed waiver form has not been received.

1. Section 395 of the Act, which deals with application fees, provides as follows:

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.

1. Section 587of the Act provides as follows:

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.

…

(2)The FWC may dismiss an application:

(a)on its own initiative; or

(b) on application.

1. I am satisfied that the application was not made in accordance with the Act because the application was not accompanied by the prescribed fee. As such, Ms Mandocdoc’s application can be dismissed pursuant to s.587(1)(a) of the Act.

1. Section 587(3) allows the Commission to dismiss an application on its own initiative, subject to the Commission acting judiciously and affording applicants procedural fairness.

1. Ms Mandocdoc has been on notice of the requirement to pay the application fee or apply for a waiver for more than two months. Ms Mandocdoc has also been on notice of the likely consequences for her application if she did not pay the application fee or apply for a waiver. Ms Mandocdoc has not responded to the Commission’s inquiries and it is quite possible that she has abandoned her application.

1. In the circumstances it is appropriate to dismiss Ms Mandocdoc's application.

1. I have separately made an order to this effect (PR775535).

DEPUTY PRESIDENT

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<PR775534>