Michael Terry v Mannagum Enterprises

[2016] FWC 4472

[2016] FWC 4472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Terry
v
Mannagum Enterprises
(U2016/7319)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 13 JULY 2016

Application for relief from unfair dismissal.

[1] On 31 May 2016, Mr Michael Terry made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 31 May 2016, Mr Terry was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. The Commission also telephoned Mr Terry and a message was left for him to contact the Commission.

[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 June 2016, the Commission attempted to contact Mr Terry in relation to the correspondence dated 31 May 2016 and a voicemail message was left for Mr Terry to contact the Commission.

[6] On 14 June 2016, the Commission forwarded further correspondence to Mr Terry advising his application required payment of the filing fee. He was also advised that in the absence of any advice being received from him within 14 days, is application may be dismissed.

[7] On 5 July 2016, the Commission again attempted to telephone Mr Terry with no success.

[8] No response has been received from Mr Terry and payment of the required fee has not been made.

[9] 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.

[10] 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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