Matthew Seddon v Visyboard Pty Ltd T/A Visyflex Preprint

[2017] FWC 2913

[2017] FWC 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Matthew Seddon

v

Visyboard Pty Ltd T/A Visyflex Preprint

(U2017/4686)

Deputy President Clancy MELBOURNE, 26 MAY 2017

Application for an unfair dismissal remedy.

1. On 1 May 2017, Mr Matthew Seddon made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act). The application was filed by The Australian Workers’ Union (the AWU) on behalf of Mr Seddon, however, payment of the required fee was not made.

1. On 2 May 2017, the Fair Work Commission attempted to telephone Mr Seddon, however this was unsuccessful and a voicemail was left.  On the same day, correspondence was sent to the AWU, addressed to Mr Seddon, advising that payment of the lodgement fee or a completed waiver form was required if he wished to proceed with his application.  Mr Seddon was advised in the absence of any advice from him within 14 days, his application may be dismissed.

1. On 16 May 2017, the Commission again attempted to contact Mr Seddon via telephone and a further voicemail was left seeking a return call.  Another telephone call was made to the AWU on 18 May 2017, where a voicemail was left which noted that payment of the lodgement fee had not been made.  The Commission sought a return call from the AWU.

1. To date, there has been no response from Mr Seddon or the AWU.

1. Section 395 of the Act, 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.

1. 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.

1. 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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