Jodie Hindle v Australian Taxation Office

[2021] FWC 5565

[2021] FWC 5565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jodie Hindle
v
Australian Taxation Office
(U2021/7327)

COMMISSIONER BISSETT MELBOURNE, 7 SEPTEMBER 2021

Application for an unfair dismissal remedy.

[1] On 17 August 2021 Ms Jodie Hindle made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act). Ms Hindle alleged she was unfairly dismissed by the Australian Taxation Office on 2 August 2021.

[2] The application was incomplete in that Ms Hindle did not pay the required fee or file a completed waiver form.

[3] On 18 August 2021 the Commission attempted to contact Ms Hindle on her nominated telephone number to discuss payment of the required fee. However, Ms Hindle did not answer the call. A voicemail message was left requesting her to pay the filing fee or complete a waiver form if she wished to proceed with the application.

[4] Later that day, the Commission emailed correspondence to Ms Hindle’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received within 14 days, the application may be dismissed.

[5] A final attempt to contact Ms Hindle was made by the Commission on 2 September 2021 to obtain payment or a completed waiver form. Ms Hindle advised that she would send the completed waiver form to the Commission later that day. The Commission informed Ms Hindle that payment or a completed waiver form was required by 2 September 2021, otherwise the application may be dismissed.

[6] To date, the required fee has not been paid and a completed waiver form has not been received.

[7] Section 395 of the FW Act, which deals with application fees, provides as follows:

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 FW 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 prospect of success.

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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