Kahli Hicks v Cuppa @ Clifton

[2016] FWC 1551

[2016] FWC 1551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kahli Hicks
v
Cuppa @ Clifton
(U2016/4374)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 10 MARCH 2016

Application for relief from unfair dismissal.

[1] On 8 February 2016, Ms Kahli Hicks made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 8 February 2016, the Commission attempted to contact Ms Hicks by telephone without unsuccessful. Correspondence was sent on the same day advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] 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.”

[5] On 22 February 2016, the Commission attempted to contact Ms Hicks in relation to the correspondence dated on 8 February 2016 and was again, unsuccessful. Further correspondence was sent which reiterated that the application was unpaid and that in the absence of any advice from her the application may be dismissed.

[6] No response was received from Ms Hicks and payment of the required fee has not been made.

[7] 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.”

[8] 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR577889>