Michelle Sveicers v Marzuq Pty Ltd

[2020] FWC 266

[2020] FWC 266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michelle Sveicers
v
Marzuq Pty Ltd
(U2019/13612)

DEPUTY PRESIDENT DEAN SYDNEY, 17 JANUARY 2020

Application for an unfair dismissal remedy.

[1] On 4 December 2019, Ms Michelle Sveicers made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Sveicers did not pay the required fee.

[3] 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.

[4] On 5 December 2019, an attempt to contact Ms Sveicers by telephone was unsuccessful and a voice message was left. Ms Sveicers was also 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.

[5] On 19 December 2019, the Commission again attempted to contact Ms Sveicers and left a voice message requesting her to contact the Commission urgently with respect to her incomplete application. Ms Sveicers made no contact with the Commission and did not respond to the correspondence of 5 December 2019.

[6] A final attempt was made to contact Ms Sveicers on 3 January 2020 without success. A voice message was left informing that if the payment of the required fee or a completed waver application is not received, the application may be dismissed.

[7] No response has been received from Ms Sveicers 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 dismissing the application will be issued.

DEPUTY PRESIDENT

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