Jarrod Nicholson v Pybar Mining Services

[2018] FWC 1261

[2018] FWC 1261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jarrod Nicholson
v
Pybar Mining Services
(U2018/247)

DEPUTY PRESIDENT CLANCY MELBOURNE, 2 MARCH 2018

Application for an unfair dismissal remedy.

[1] On 9 January 2018, Mr Jarrod Nicholson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 9 January 2018, the Fair Work Commission (the Commission) contacted Mr Nicholson via telephone to request payment details. He advised that he would return the Commission’s call later that day to make payment. Mr Nicholson failed to return the call.

[4] On 10 January 2018, correspondence was sent to Mr Nicholson advising that if he wished to proceed with his application, payment of the filing fee should be made as soon as possible. Mr Nicholson was advised in the absence of any advice from him within 14 days, his application may be dismissed.

[5] On 23 January 2018, the Commission attempted to contact Mr Nicholson via telephone, however this attempt was unsuccessful. A message was left requesting that Mr Nicholson return the Commission’s call.

[6] On 14 February 2018, the Commission again attempted to contact Mr Nicholson via telephone. This call was unanswered and a voice to text message was left requesting that Mr Nicholson return the Commission’s call.

[7] To date, no response from Mr Nicholson has been received.

[8] 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.

[9] 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.

[10] 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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