Kaytlin Brady v Cloud Radiology Pty Ltd

[2023] FWC 2658

[2023] FWC 2658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kaytlin Brady
v

Cloud Radiology Pty Ltd

(U2023/8024)

COMMISSIONER BISSETT MELBOURNE, 12 OCTOBER 2023

Application for relief from unfair dismissal

1. On 24 August 2023 Ms Kaytlin Brady made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The application was incomplete in that Ms Brady did not pay the required filing fee or file a completed fee waiver form. The Form F2 Unfair Dismissal application was filed by Ms Brady’s representative. Per the Form F2, Ms Brady was nominated as the appropriate contact person to pay the filing fee.

1. On 29 August 2023 the Commission emailed correspondence to Ms Brady’s nominated email address advising that her application required payment of the filing fee or a completed fee waiver form if she wished to proceed with the application. This correspondence also warned that if payment was not made or a completed fee waiver form was not received within 7 calendar days, then the application may be dismissed.

1. On 5 September 2023 the Commission emailed correspondence to Ms Brady’s nominated email address reminding her that her application required payment of the filing fee or a completed fee waiver form if she wished to proceed with the application.

1. On 8 September 2023 the Commission attempted to contact Ms Brady on her nominated telephone number to discuss the outstanding filing fee. However, Ms Brady could not be reached. A voicemail message was left requesting that Ms Brady contact the Commission. The voicemail message further advised that this will be the Commission’s final reminder to Ms Brady about the outstanding filing fee.

1. On 15 September 2023 the Commission contacted the Applicant’s representative and advised that the filing fee or a completed fee waiver form for Ms Brady’s matter was still outstanding. The Commission advised that if the filing fee remains unpaid or a fee waiver form was not submitted, then a Member of the Commission would decide on the matter.

1. To date there has been no further correspondence from Ms Brady or her representative. The required filing fee has not been paid nor has a completed fee waiver form been received. 

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

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. Section 587(1) of the FW Act provides as follows:

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 prospect of success.

1. 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR767166>