Gresham Cameron v Stellar Asia Pacific Pty Ltd

[2014] FWC 4529

[2014] FWC 4529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gresham Cameron
v
Stellar Asia Pacific Pty Ltd
(U2014/9904)

COMMISSIONER WILSON MELBOURNE, 7 JULY 2014

Application for relief from unfair dismissal.

[1] On 10 June 2014, Mr Gresham Cameron made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 11 June 2014, Mr Cameron was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] Section 395, which deals with application fees, provides:

“(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 23 June 2014, the Fair Work Commission (the Commission) contacted Mr Cameron in relation to the correspondence dated 11 June 2014. Mr Cameron advised he was going to reassess whether to complete a waiver application or make payment for the lodgement fee.

[6] On 24 June 2014, Mr Cameron filed an incomplete waiver form to the Commission.

[7] On 25 June 2014, a letter was sent by email to Mr Cameron in relation to his incomplete waiver form. This correspondence requested Mr Cameron to provide a completed form.

[8] On 26 and 30 June 2014 and 3 July 2014, The Commission attempted to call Mr Cameron without success.

[9] Mr Cameron did not respond to the Commission’s correspondence, payment of the required fee has not been made and a completed waiver form was not provided.

[10] 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.”

[11] 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.

COMMISSIONER

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