Kylie Foley v Woolgoolga and District Retirement Village Ltd

[2016] FWC 3803

[2016] FWC 3803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kylie Foley
v
Woolgoolga and District Retirement Village Ltd
(U2016/6835)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JUNE 2016

Application for relief from unfair dismissal.

[1] On 6 May 2016, Ms Kylie Foley made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Foley filed the application using a Form F1 (instead of a Form F2) and did not pay the required fee.

[3] On 11 May 2016, Ms Foley 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. She was also advised she was required to complete a Form F2.

[4] On 23 May 2016, Ms Foley emailed the Commission advising she had previously lodged a Form F2 with the Commission (U2016/4754) and paid the fee but that matter was dismissed on 11 March 2016.

[5] On 23 May 2016, the Commission attempted to contact Ms Foley in relation to the correspondence dated 11 May 2016. A voicemail message was left on her answering machine.

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

[7] Section 395 of the Act, 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.”

[8] 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.”

[9] 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

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