Marie Pawliw v Definition Health Club

[2015] FWC 7409

[2015] FWC 7409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Marie Pawliw
v
Definition Health Club
(U2015/9778)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 OCTOBER 2015

Application for relief from unfair dismissal.

[1] On 29 July 2015, Ms Marie Pawliw made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 30 July 2015, Ms Pawliw was advised by correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[4] On 31 August 2015, 11 September 2015, 24 September 2015 and 25 September 2015, the Commission attempted to telephone Ms Pawliw and a voice mail was left asking Ms Pawliw to contact the Commission.

[5] On 25 September 2015, the Commission emailed Ms Pawliw advising that her application required payment of the filing fee or a completed waiver form.

[6] On 30 September 2015, the Commission attempted to contact Ms Pawliw in relation to the correspondence dated 30 July 2015 and 25 September 2015. A voice mail was left and an email was sent advising her that the application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. No response was received from Ms Pawliw and payment of the required fee has not been made. Ms Pawliw was advised that if no response was received within 14 days, that her application would be dismissed.

[7] 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.

[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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