Kelly Kilic v Medium Rare Content Agency - Division of News Corporation T/A Medium Rare Content Agency

[2022] FWC 1649

[2022] FWC 1649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Kelly Kilic
v

Medium Rare Content Agency – Division of News Corporation T/A Medium Rare Content Agency

(U2022/5548)

COMMISSIONER o’neill MELBOURNE, 28 JUNE 2022

Application for an unfair dismissal remedy – unpaid application – dismissal under s.587 at the Commission’s initiative.

1. On 19 May 2022 Ms Kelly Kilic 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 Kilic did not pay the required fee or file a completed waiver form.

1. On 20 May 2022 the Commission attempted to contact Ms Kilic on her nominated telephone number to discuss payment of the required fee however, the Ms Kilic did not answer the call. A voicemail message was left requesting Ms Kilic to contact the Commission to pay the required filing fee or file a completed waiver form.

1. Later that day, the Commission emailed correspondence to Ms Kilic’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received within 14 days, the application may be dismissed.

1. On 31 May 2022 Ms Kilic contacted the Commission by telephone. The Commission reiterated that payment of the required fee or a completed waiver form was still outstanding and the matter was at risk of being dismissed. Ms Kilic advised she would seek legal advice and either pay the fee or withdraw her application.

1. A final attempt to contact Ms Kilic was made by the Commission on 8 June 2022 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Ms Kilic that payment of the required fee was still outstanding. The Commission advised Ms Kilic if payment or completed waiver was not received by close of business 8 June 2022 the matter would be referred to a Member to be dismissed.

1. There has been no further response from Ms Kilic, the required fee has not been paid and a completed waiver form has not 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:

   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.

2. 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 s.587(1)(a) of the FW Act. An order[1] to this effect will be issued with this decision.

COMMISSIONER

[1]PR743103.

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