Isa Graham v Solar City Office Equipment

[2014] FWC 5711

[2014] FWC 5711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Isa Graham
v
Solar City Office Equipment
(U2014/8426)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 AUGUST 2014

Application for relief from unfair dismissal.

[1] On 20 July 2014, Ms Isa Graham made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 23 July 2014, Ms Graham was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] In response to the Fair Work Commission (the Commission)’s correspondence, Ms Graham advised by email that she would make payment the following day.

[5] On 29 July 2014, Ms Graham enquired whether she was able to lodge additional documents to her application. The Commission, in response, reminded Ms Graham that her application remained unpaid.

[6] Further attempts to contact Ms Graham by telephone were made on 1 August 2014 without success and on 5 August 2014 further correspondence was sent to her in relation to payment of the application.

[7] 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.

[8] On 11 August 2014, Ms Graham wrote to the Commission enquiring about a 21 day period. The Commission responded to Ms Graham on 12 August 2014 and advised once again that payment was required or if needed, a waiver form could be provided to her. Ms Graham was advised that if she did not make the payment within seven days her application may be dismissed.

[9] Ms Graham was unresponsive to this correspondence and payment of the required fee has not been made.

[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.

DEPUTY PRESIDENT

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