Gary Priest v Siciliano Pty Ltd T/A Pressfab

[2015] FWC 7827

[2015] FWC 7827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gary Priest
v
Siciliano Pty Ltd T/A Pressfab
(U2015/9892)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 16 NOVEMBER 2015

Application for relief from unfair dismissal.

[1] On 1 August 2015, Mr Gary Priest made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 4 August 2015, Mr Priest was advised by telephone 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 sent email correspondence attaching the waiver fee form.

[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 3 September 2015, the Commission attempted to contact Mr Priest in relation to the correspondence dated on 4 August 2015.

[6] On 3 September 2015, Mr Priest returned the Commission’s phone call and requested the waiver fee form be emailed to him again. The waiver fee form was emailed to him.

[7] On 8 September 2015 Mr Priest claimed he could not open the attachment which contained the waiver fee form. The Commission then posted the waiver form to his physical address.

[8] On 17 September 2015 Mr Priest was asked by telephone to provide the completed, signed and dated waiver fee form. Mr Priest advised he will be posting the waiver fee form to the Commission on Friday 18 September 2015.

[9] On 21 September 2015, Mr Priest’s partner was advised by telephone that the Commission required the waiver fee form and the Commission was told that the waiver fee form was posted on the 20 September 2015.

[10] The waiver form was not received by the Commission.

[11] On 30 September 2015, Mr Priest was resent the incomplete unpaid letter.

[12] On 23 October 2015, the Commission attempted to contact Mr Priest in relation to the fee waiver form. A voice message was left for Mr Priest advising that The Commission had yet to receive his fee waiver form and he was given a further 7 days to respond.

[13] On 4 November 2015, the Commission made a final attempt to contact Mr Priest.

[14] To date, no waiver application form was received from Mr Priest and payment of the required fee has not been made.

[15] 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.

[16] 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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