Gareth Pollock v Neverland Store Pty Ltd

[2017] FWC 2911

[2017] FWC 2911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gareth Pollock
v
Neverland Store Pty Ltd
(U2017/4787)

DEPUTY PRESIDENT CLANCY MELBOURNE, 31 MAY 2017

Application for an unfair dismissal remedy.

[1] On 3 May 2017, Mr Gareth Pollock made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] On 4 May 2017, the Fair Work Commission attempted to telephone Mr Pollock, however this was unsuccessful and a voicemail was left. On the same day, correspondence was sent to Mr Pollock advising that payment of the lodgement fee was required if he wished to proceed with his application. Mr Pollock was advised in the absence of any advice from him within 14 days, his application may be dismissed

[4] On 17 May and 24 May 2017, the Commission telephoned both Mr Pollock and his representative, Mr Alistair Kirkpatrick. On all four occasions, a voicemail message was left seeking a return call regarding the outstanding lodgement fee.

[5] To date, no response from Mr Pollock or Mr Kirkpatrick has been received.

[6] Section 395 of the 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.

[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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