Lorraine Reilly v Western Institute of Technology

[2016] FWC 9156

[2016] FWC 9156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Lorraine Reilly
v
Western Institute of Technology
(U2016/14278)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 DECEMBER 2016

Application for relief from unfair dismissal.

[1] On 29 November 2016, Ms Lorraine Reilly made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 1 December 2016, Ms Reilly was advised by telephone that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Ms Reilly said she would call back with payment details, however, no phone call was received. On the same day, a letter was sent to Ms Reilly advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Ms Reilly was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] 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.

[5] On 13 December 2016, the Fair Work Commission (the Commission) attempted to contact Ms Reilly via telephone in relation to the correspondence dated 1 December 2016. There was no answer and a voicemail message was left.

[6] On 20 December 2016, a further attempt was made to contact Ms Reilly via telephone and a voicemail message was left.

[7] No response has been received from Ms Reilly and payment of the required fee has not been made.

[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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