Karen Baloch v Paterson Valley Community Pre-School Ass Inc

[2019] FWC 7377

[2019] FWC 7377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karen Baloch
v
Paterson Valley Community Pre-School Ass Inc
(U2019/11236)

DEPUTY PRESIDENT DEAN SYDNEY, 25 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 7 October 2019, Mrs Karen Baloch made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mrs Baloch did not pay the required fee.

[3] 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.

[4] On 8 October 2019, Mrs Baloch was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 17 October 2019, the Commission attempted to contact Mrs Baloch by telephone in relation to the correspondence dated on 8 October 2019. There was no answer and no option to leave a voicemail.

[6] On 23 October 2019 the Commission called Mrs Baloch again. She did not answer, and a voice message was left advising that her application may be dismissed and requesting that she return the Commission’s call.

[7] On 23 October 2019 Mrs Baloch contacted the Commission and left a voice message for a call back. The Commission then rang Mrs Baloch but she did not answer. Another voice message was left requesting her to call back. Mrs Baloch did not return the Commission’s call.

[8] On 24 October 2019 the Commission made a final attempt to contact Mrs Baloch without success.

[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 that effect will be issued.

DEPUTY PRESIDENT

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