Michelle Zhou v BA Packing Pty Ltd

[2016] FWC 3558

[2016] FWC 3558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michelle Zhou
v
BA Packing Pty Ltd
(U2016/5987)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JUNE 2016

Application for relief from unfair dismissal.

[1] On 1 April 2016, Ms Michelle Zhou made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 8 April 2016, the Fair Work Commission telephoned Ms Zhou’s representative’s and a voicemail message was left advising the application required payment of the filing fee or a completed waiver form if Ms Zhou wished to proceed with her application. Correspondence was sent to the Ms Zhou’s representative confirming the message on the same day.

[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 26 April 2016, the Commission contacted Ms Zhou’s representative who indicated he would follow up payment with Ms Zhou.

[6] On 28 April 2016, the Commission forwarded an email to Ms Zhou’s representative advising the submitted application was incomplete in that the lodgement fee had not been paid nor had a completed waiver application form been received.

[7] On 30 May 2016, an email was sent to Ms Zhou’s representative requesting he contact the Commission about Ms Zhou’s application.

[8] On 31 May 2016, Ms Zhou’s representative, Mr Vasili Maroulis, contacted the Commission to advise he was having difficulty contacting Ms Zhou or her daughter in relation to obtaining instructions to lodge a notice of discontinuance.

[9] On 3 June 2016, the Commission forwarded a letter to Ms Zhou and her representative advising the application required payment of the filing fee or a completed waiver form if Ms Zhou wished to proceed with her application. This letter was also forwarded to them by email.

[10] No response has been received from Ms Zhou and payment of the required fee has not been made.

[11] 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.”

[12] 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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