Kylie Mark v Pod Pac T/A Podista Coffee Pods

[2016] FWC 7894

[2016] FWC 7894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kylie Mark
v
Pod Pac T/A Podista Coffee Pods
(U2016/11620)

DEPUTY PRESIDENT CLANCY MELBOURNE, 31 OCTOBER 2016

Application for relief from unfair dismissal.

[1] On 20 September 2016, Ms Kylie Mark made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009.

[2] Ms Mark did not pay the required fee.

[3] On 21 September 2016, Ms Mark 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 advised in the absence of advice from her within 14 days, her application may be dismissed.

[4] 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.

[5] On 7 October 2016, the Fair Work Commission (Commission) attempted to contact Ms Mark by telephone in relation to the correspondence dated 21 September 2016. A voice message was left. No response was received from Ms Mark and payment of the required fee has not been made.

[6] On 19 October 2016, the Commission sent further correspondence to Ms Mark noting that the filing fee for her application remained unpaid. It was noted that unless advice was received by the Commission within 7 days, her application would be dismissed.

[7] To date, no response from Ms Mark has been received.

[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 section 587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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