Krysten Sharkie v All Crowd Catering Pty Ltd

[2014] FWC 2981

[2014] FWC 2981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Krysten Sharkie
v
All Crowd Catering Pty Ltd
(U2014/6057)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 7 MAY 2014

Application for relief from unfair dismissal.

[1] On 31 March 2014, Ms Krysten Sharkie made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Sharkie lodged a Form F1 application in relation to her termination of employment by All Crowd Catering Pty Ltd.

[3] On 2 April 2014, Ms Sharkie was advised by email correspondence that the Fair Work Commission (the Commission) could not comment on the merits of her case and forwarded to her a form F2 application form to complete should she wished to make an unfair dismissal application.

[4] Ms Sharkie did not pay the required fee.

[5] On 2 April 2014, Ms Sharkie 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.

[6] 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.

[7] On 14 April 2014, the commission contacted Ms Sharkie in relation to the correspondence dated 2 April 2014. Ms Sharkie advised she would be submitting a Form F2 and she was advised about completing a waiver fee application form.

[8] On 22 April 2014, the Commission attempted to contact Ms Sharkie by telephone and a message was left on her phone asking her to contact the Commission.

[9] No response was received from Ms Sharkie and payment of the required fee has not been made.

[10] 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.

[11] 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 this effect will be issued shortly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550312>