Michelle Bowlen v Sykes Australia Pty Ltd T/A Sykes Enterprises

[2014] FWC 1805

[2014] FWC 1805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michelle Bowlen
v
Sykes Australia Pty Ltd T/A Sykes Enterprises
(U2014/4873)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 MARCH 2014

Application for relief from unfair dismissal.

[1] On 20 February 2014, Ms Michelle Bowlen made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Bowlen did not lodge her application on the official Form F2 application form and she did not pay the required fee.

[3] On 21 February 2014, Ms Bowlen was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her 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 4 March 2014 and 10 March 2014, the Fair Work Commission (the Commission) contacted Ms Bowlen in relation to the correspondence dated 21 February 2014. Ms Bowlen advised she would be sending a waiver form to the Commission.

[6] To date, no waiver form or any payment of the required fee has been made by Ms Bowlen.

[7] 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.

[8] 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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