Georgia Lee Rawlinson v Limitless Learning Pty Ltd

[2019] FWC 4287

[2019] FWC 4287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Georgia Lee Rawlinson
v
Limitless Learning Pty Ltd
(U2019/5697)

DEPUTY PRESIDENT DEAN SYDNEY, 19 JUNE 2019

Application for an unfair dismissal remedy – application dismissed.

[1] On 23 May 2019, Ms Georgia Lee Rawlinson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] 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.

[4] Ms Rawlinson was advised by both telephone and email correspondence on 23 May 2019 that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 6 June 2019, the Commission attempted to contact Ms Rawlinson and left a voicemail message in relation to the correspondence dated on 23 May 2019. Final attempts were made to contact Ms Rawlinson on 12 June and 19 June 2019 without success. No response was received from Ms Rawlinson and payment of the required fee has not been made.

[6] 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.

[7] 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.

DEPUTY PRESIDENT

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