Jordan Spencer v High Energy Service Pty Ltd T/A High Energy Service

[2018] FWC 6591

[2018] FWC 6591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jordan Spencer

v

High Energy Service Pty Ltd T/A High Energy Service

(U2018/9892)

Deputy President Binet PERTH, 25 OCTOBER 2018

Application for an unfair dismissal remedy – application unpaid – application dismissed.

1. On 25 September 2018, Mr Jordan Spencer (Mr Spencer) made an application (Application) to the Fair Work Commission (FWC) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (FW Act).

1. Mr Spencer did not pay the required fee.

1. On 25 September 2018, Mr Spencer was advised by email correspondence that the Application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

1. Section 395 of the FW 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.

1. On 10 October 2018, the FWC attempted to contact Mr Spencer in relation to the correspondence dated on 25 September 2018. No response was received from Mr Spencer and payment of the required fee has not been made.

1. 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 prospects of success.

1. 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.

1. An Order dismissing the Application will be issued with this decision.

DEPUTY PRESIDENT

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