Mikayla Reid v Rocky Bay Inc

[2023] FWC 17

[2023] FWC 17

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Mikayla Reid
v

Rocky Bay Inc

(U2022/11809)

COMMISSIONER BISSETT MELBOURNE, 4 JANUARY 2023

Application for an unfair dismissal remedy – unpaid application – application dismissed at the Commission’s initiative under to s.587.

1. On 13 December 2022 Ms Mikayla Reid 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).

1. The application was incomplete in that Ms Reid did not pay the required fee or file a completed waiver form.

1. On 14 December 2022 the Commission emailed correspondence to Ms Reid’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 is not received within 7 calendar days the application may be dismissed. An SMS notification was also sent to Ms Reid’s nominated telephone number advising of the requirement to action the payment request email from the Fair Work Commission.

1. On 20 December 2022 the Commission emailed correspondence to Ms Reid’s nominated email address reminding 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 was not received, the application may be dismissed. 

1. A final attempt to contact Ms Reid on her nominated telephone number was made by the Commission on 23 December 2022 to obtain payment or a completed waiver form. However, the call was not answered. A voicemail message was left requesting Ms Reid to contact the Commission by 3.00 pm on 23 December 2022 to discuss her application. Ms Reid was advised to make payment if she wished to proceed with the application. Otherwise, if no payment was received by 29 December 2022, the matter will be referred to a Member of the Commission who may dismiss the application and a decision may be published on the Commission’s website.

1. To date there has been no response from Ms Reid, the required fee has not been paid and a completed waiver form has not been received.

1. 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.

1. Section 587(1) of the FW Act provides as follows:

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.

1. 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, I order that the application is dismissed pursuant to s.587(1)(a) of the FW Act.

COMMISSIONER

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