Li Chen v Glass Tech Australia Pty Ltd

[2022] FWC 2270

[2022] FWC 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Li Chen
v
Glass Tech Australia Pty Ltd

(U2022/8246)

cOMMISSIONER bISSETT MELBOURNE, 26 AUGUST 2022

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

1. On 10 August 2022, Mrs Li Chen (the Applicant) 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 the Applicant did not pay the required fee or file a completed waiver form.

1. On 12 August 2022, the Commission emailed correspondence to Mrs Chen’s nominated email address advising her 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 is not made or a waiver form is not received within 7 calendar days, the application may be dismissed. An SMS notification was also sent to the Applicant’s nominated telephone number, advising her to action the payment request email from Fair Work Commission to pay the application fee.

1. On 15 August 2022, the Commission emailed correspondence to the Applicant’s nominated email address reminding her 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 is not made or a waiver form is not received, the application may be dismissed.

1. A final attempt to contact the Applicant on her nominated telephone number was made by the Commission on 18 August 2022. The call was not answered. A voicemail message was left advising the Applicant payment of the required fee was still outstanding, and if left unpaid, the matter was at risk of being dismissed.

1. To date there has been no response from the Applicant, 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 prospects 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] PR745192

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<PR745191>