Kathleen Dray v Compendium Design Store

[2020] FWC 164

[2020] FWC 164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kathleen Dray
v
Compendium Design Store
(U2019/12915)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 13 JANUARY 2020

Application for an unfair dismissal remedy

[1] On 19 November 2019, Ms Kathleen Dray made an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

[2] Ms Dray 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 20 November 2019 the Fair Work Commission (the Commission) attempted to contact Ms Dray by telephone but the Commission representative was unsuccessful. A voice message was left, and a letter was sent by email advising her that the application required payment of the filing fee or a completed waiver form if she wished to proceed with the application.

[5] On 6 December 2019 and on 3 January 2020 the Commission attempted to contact Ms Dray in relation to the correspondence dated 20 November 2019. These calls were unanswered; detailed voice messages were left advising that the application may be dismissed if Ms Dray did not pay the filing fee or apply for fee waiver. No response was received from Ms Dray and payment of the required fee has not been made.

[6] 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.

[7] 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 section 587(1)(a) of the FW Act. An Order 1 to this effect will be issued in conjunction with this Decision.

DEPUTY PRESIDENT

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