Elizabeth Owen v Total Green Recycling Pty Ltd

[2019] FWC 7189

[2019] FWC 7189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Elizabeth Owen
v
Total Green Recycling Pty Ltd
(U2019/10382)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 22 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 16 September 2019, Ms Elizabeth Owen made an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

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

[3] 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.

[4] On 17 September 2019, the Fair Work Commission (the Commission) advised Ms Owen by email correspondence and a voice message on her provided telephone number that her application required payment of the filing fee or a completed fee waiver form if she wished to proceed with her application.

[5] On 1 October 2019, and again on 14 October 2019, the Commission attempted to contact Ms Owen in relation to the correspondence of 17 September 2019. Ms Owen did not answer the nominated mobile service on either occasion. ‘Voice to text’ messages were left requesting that Ms Owen call the Commission and make payment of the required fee or return a completed fee waiver form.

[6] No response was received from Ms Owen. 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 FW Act, it was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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