Michael Casey v Clean Steel Investments Pty Ltd T/A Allied Coating Services

[2016] FWC 2782

[2016] FWC 2782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Casey
v
Clean Steel Investments Pty Ltd T/A Allied Coating Services
(U2016/5704)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 MAY 2016

Application for relief from unfair dismissal.

[1] On 28 March 2016, Mr Michael Casey made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Casey applied to have the filing fee waived on the grounds of financial hardship.

[3] On 29 March 2016, Mr Casey was advised by email correspondence that his waiver application was refused and that his application would not proceed until the lodgement fee was paid.

[4] On 1 April 2016, the Commission sent email correspondence to Mr Casey advising that his application required payment of the filing fee if he wished to proceed with his application.

[5] On 14 April 2016, the Commission contacted Mr Casey by telephone. Mr Casey advised he did not know the waiver fee application had been refused. Mr Casey was advised that he would need to pay the filing fee if he wished to continue with his application.

[6] On 19 April 2016, the Commission left a voice mail message for Mr Casey following up payment and requesting he contact the Commission.

[7] On 28 April 2016, the Commission again contacted Mr Casey and a further voice mail message was left advising that if he did not pay the fee, a decision would be made.

[8] To date, no response has been received from Mr Casey and payment of the required fee has not been made.

[9] 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.”

[10] 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.”

[11] 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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