Luke Garland v Moores Auto Electrical and Mechanical

[2016] FWC 3559

[2016] FWC 3559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Luke Garland
v
Moores Auto Electrical and Mechanical
(U2016/6178)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 1 JUNE 2016

Application for relief from unfair dismissal.

[1] On 11 April 2016, Mr Luke Garland made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Garland did not pay the required fee.

[3] On 14 April 2016, Mr Garland was advised by emailed correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] Section 395 of the Act, which deals with application fees, provides:

“(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 14 and 28 April 2016 the Fair Work Commission (the Commission) contacted Mr Garland by telephone in relation to the correspondence dated on 14 April 2016. During these telephone conversations, he confirmed that he would make payment of his application as soon as possible.

[6] On 3 May 2016, further correspondence was sent to Mr Garland. This was followed up by a telephone call on 25 May 2016.

[7] Mr Garland has not made payment of the required fee or lodged a completed waiver form.

[8] Section 587(1) of the Act provides:

“(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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