Fiona Cameron v Football Queensland Ltd

[2016] FWC 2885

[2016] FWC 2885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Fiona Cameron
v
Football Queensland Ltd
(C2016/612)

DEPUTY PRESIDENT KOVACIC MELBOURNE, 10 MAY 2016

Application to deal with contraventions involving dismissal – invalid application – application dismissed.

[1] Ms Fiona Cameron (the Applicant) made an application which was received by the Fair Work Commission (the Commission) on 17 March 2016 under s.365 of the Fair Work Act 2009 (the Act) alleging that she had been dismissed by Football Queensland Ltd (the Respondent) in contravention of the general protections provisions in the Act. Ms Cameron’s application was incomplete as it was not accompanied by payment of the required application fee, or by a request to have the application fee waived.

[2] On 18 March 2016, the Commission attempted to contact Ms Cameron via telephone, however Ms Cameron did not answer the call. Subsequently an email was sent asking Ms Cameron to provide the Commission with either a completed waiver form or the application fee within 14 days or the application may be dismissed.

[3] The Commission subsequently attempted to contact Ms Cameron on a number of occasions, i.e. 4 and 18 April 2016 and 2 May 2016 by telephone, letter and email regarding her application and incomplete payment. On each occasion it was foreshadowed that Ms Cameron’s application may be dismissed unless she completed the waiver form or paid the lodgement fee. Despite these repeated attempts to contact Ms Cameron the Commission has received no completed waiver form or payment of the application fee.

[4] Section 587 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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(c) on its own initiative; or
(d) on application.”

[5] In relation to an application made pursuant to s.365 of the Act, s.367 provides:

“367 Application fees

(1) The application 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 section 365; 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] Ms Cameron has failed to comply with s.367(1) of the Act. Accordingly, her application has not been made in accordance with the Act and is therefore dismissed pursuant to ss.587(1)(a) of the Act. An order to that effect will be issued with this decision.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR580130>