Jayde Rodgers v The Sparrow Group Pty Ltd

[2019] FWC 4026

[2019] FWC 4026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jayde Rodgers
v
The Sparrow Group Pty Ltd
(U2019/4860)

DEPUTY PRESIDENT CLANCY MELBOURNE, 11 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 30 April 2019, Ms Jayde Rodgers made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Rodgers did not pay the required application fee.

[3] On 1 May 2019, the Commission attempted to telephone Ms Rodgers to seek payment of the fee. There was no answer and no opportunity to leave a voicemail message. Email correspondence was sent to Ms Rodgers the same day requesting she contact the Fair Work Commission to make payment of the required application fee.

[4] On 2 May 2019, a further attempt to telephone Ms Rodgers was made. There was no answer and no opportunity to leave a voicemail message. Email correspondence was then sent to Ms Rodgers which advised that she could apply to have the application fee waived if paying the fee would cause her serious hardship. It was noted that if she did not pay the fee or apply to have the fee waived within 14 days, her application may be dismissed.

[5] On 13 May, 15 May and 27 May 2019, further attempts to telephone Ms Rodgers were made. There was no answer and no opportunity to leave a voicemail message.

[6] To date, no response from Ms Rodgers has been received and neither payment of the application fee or application for a fee waiver has been made.

[7] 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.”

[8] 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.”

[9] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Ms Rodgers has not paid the required application fee. As such, Ms Rodger’s 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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