Matt Kyle v Woolworths Limited T/A Woolworths

[2013] FWC 9136

[2013] FWC 9136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Matt Kyle
v
Woolworths Limited T/A Woolworths
(U2013/13984)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 NOVEMBER 2013

Application for relief from unfair dismissal dismissed.

[1] On 26 September 2013, Mr Matt Kyle made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 27 September 2013, Mr Kyle was advised by telephone correspondence that his application required payment of the ($65.50) 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 10 October 2013 and 22 October 2013, the Fair Work Commission (the Commission) attempted to contact Mr Kyle in relation to the correspondence dated 27 September 2013. Voicemail messages were left for Mr Kyle on both occasions. No response was received from Mr Kyle and payment of the required fee has not been made.

[6] 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.”

[7] 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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