Michellle Taplin v Royal Australian Air Force Association T/A Raafa

[2021] FWC 534

[2021] FWC 534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michellle Taplin
v
Royal Australian Air Force Association T/A RAAFA
(U2021/285)

COMMISSIONER BISSETT MELBOURNE, 3 FEBRUARY 2021

Application for an unfair dismissal remedy.

[1] On 11 January 2021 Miss Michellle Taplin made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Miss Taplin did not pay the required fee or file a completed waiver form.

[3] On 12 January 2021 the Commission emailed correspondence to Miss Taplin’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form not received within 14 days the application may be dismissed. An SMS notification was also sent to Miss Taplin’s nominated telephone number, advising that there was a problem with her application and requesting she contact the Commission.

[4] A final attempt to contact Miss Taplin was made by the Commission on 27 January 2021 to obtain payment or a completed waiver form. The call was not answered, and a voicemail message was left advising Miss Taplin that payment of the required fee or a completed waiver form was still outstanding. The voicemail also asked Miss Taplin to contact the Commission urgently should she want to discuss her matter further.

[5] To date there has been no response from Miss Taplin, the required fee has not been paid and a completed waiver form has not been received.

[6] Section 395 of the FW Act, which deals with application fees, provides as follows:

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.

[7] Section 587(1) of the FW 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 prospect of success.

[8] On 29 January 2021 the matter was incorrectly referred to a member of the Commission for arbitration, due to administrative error. Filing directions were issued to the applicant on 2 February 2021 regarding an extension of time hearing, as based off the information on the Form F2, the application was not lodged within 21 days as required. However, as neither the filing fee or a completed fee waiver form has been supplied by the applicant the application cannot proceed as it has not been properly made.

[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 FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An order 1 to this effect will be issued with this decision.

COMMISSIONER

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