Katherine Walker v Pastoral Hotel Motel

[2015] FWC 5188

[2015] FWC 5188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Katherine Walker
v
Pastoral Hotel Motel
(C2015/3925)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 5 AUGUST 2015

Application to deal with contraventions involving dismissal; application incomplete; application dismissed.

[1] On 11 May 2015, Katherine Walker made an application under section 365 of the Fair Work Act 2009 (Act) to deal with contraventions of the general protections involving dismissal.

[2] Fair Work Commission (Commission) staff made several attempts to contact Ms Walker directly and through her representative to advise that her application was incomplete as she had not paid the required application fee. The fee remains unpaid and no application for a waiver of the fee has been made.

[3] Section 367 of the Act requires that an application made under s.365 must be accompanied by a fee prescribed by the regulations.

[4]
Section 587 permits an application to be dismissed, inter alia, if the application has not been made in accordance with the Act. I am satisfied that Ms Walker’s application has not been made in accordance with the Act and I consider in the circumstances that it is appropriate for the application to be dismissed.

[5] The application is dismissed and an order is separately issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR569964>