Matthew Aquillina v Carways Pty Ltd T/A Canberra Carways Pty Ltd

[2014] FWC 286

[2014] FWC 286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Matthew Aquillina
v
Carways Pty Ltd T/A Canberra Carways Pty Ltd
(U2013/17508)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 MARCH 2014

Application for relief from unfair dismissal.

[1] On 17 December 2013, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Mr Matthew Aquillina.

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

[3] On 18 December 2013, Mr Aquillina was advised by email 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 7 January 2014, the Fair Work Commission (the Commission) attempted to contact Mr Aquillina in relation to the correspondence dated 18 December 2013. A voice message was left on the mobile number provided on the application form requesting that Mr Aquillina contact the Commission as soon as possible. A letter was also emailed to Mr Aquillina advising that the Commission had attempted to contact him by telephone regarding the letter dated 18 December 2013 and stating that if he did not respond by 9 January 2014, his application may be dismissed.

[6] On 16 January 2014, Mr Aquillina was advised by email correspondence that no payment or waiver form had been received and if payment or a completed waiver form was not received by 23 January 2014, his matter may be dismissed.

[7] No response has been received from Mr Aquillina 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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