Ian McGregor v QTR Bridgestone

[2014] FWC 6430

[2014] FWC 6430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ian McGregor
v
QTR Bridgestone
(U2014/11158)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 19 SEPTEMBER 2014

Application for relief from unfair dismissal.

[1] On 24 July 2014, Mr Ian McGregor made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 25 July 2014, Mr McGregor was advised by mail correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 12 August 2014, the Fair Work Commission (the Commission) attempted to contact Mr McGregor in relation to the correspondence dated on 25 July 2014.

[5] Two further attempts to contact Mr McGregor were made on 29 August 2014 and 11 September 2014. No response was received from Mr McGregor and payment of the required fee has not been made.

[6] 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.

[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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