Leanne McGregor v Lre Trust Pty

[2022] FWC 2988

[2022] FWC 2988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Leanne McGregor
v

LRE Trust Pty

(U2022/9915)

COMMISSIONER BISSETT MELBOURNE, 10 NOVEMBER 2022

Application for an unfair dismissal remedy – unpaid application – dismissal under s.587(1)(a) at the Commission’s initiative

1. On 10 October 2022 Ms Leanne McGregor 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 McGregor did not pay the required fee or file a completed waiver form.

1. On 11 October 2022 the Commission emailed correspondence to Ms McGregor’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 her application. That correspondence also warned that if payment was not made or a waiver form was not received within 7 days, the application may be dismissed. An SMS notification was also sent to Ms McGregor’s telephone number, advising of the need to pay the application fee by actioning the payment request email from Fair Work Commission.

1. On 25 October 2022, the Commission attempted to contact Ms McGregor on her nominated telephone number to discuss payment of the required fee, however Ms McGregor did not answer the call. The Commission was not able to leave a voice mail. Later that day the commission emailed correspondence to Ms McGregor’s nominated email address reminding that their application required payment of the filing fee or a completed waiver form if they wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received, the application may be dismissed.

1. A final attempt to contact Ms McGregor via telephone was made by the Commission on 27 October 2022 to obtain payment or a completed waiver form. The call was not answered, and the Commission was not able to leave a voicemail message.

1. To date there has been no response from Ms McGregor, 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.

1. 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 shortly.

COMMISSIONER

[1] PR747820

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