Mark Fitzgerald v Respondent

[2014] FWC 8729

[2014] FWC 8729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Fitzgerald
v
Respondent
(U2014/12640)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 DECEMBER 2014

Application for relief from unfair dismissal.

[1] On 18 September 2014, Mr Mark Fitzgerald made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Fitzgerald did not pay the required fee or complete the Respondent details in the application form.

[3] On 19 September 2014, Mr Fitzgerald was advised by email correspondence that his application was incomplete and also required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] 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.

[5] On 9 October 2014, the Fair Work Commission attempted to contact Mr Fitzgerald in relation to the correspondence dated 19 September 2014. Email correspondence was also sent to Mr Fitzgerald.

[6] On 31 October 2014, Mr Fitzgerald contacted the Commission requesting the application be resent to him to complete. On the same day, the Commission sent an email attaching the application and requested him to provide the Respondent details and payment of the filing fee.

[7] No response was received from Mr Fitzgerald 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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