Miss Amber Walmsley v Riverland Hospitality Pty Ltd T/A the Island

[2017] FWC 4143

[2017] FWC 4143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Amber Walmsley
v
Riverland Hospitality Pty Ltd T/A The Island
(U2017/7782)

DEPUTY PRESIDENT CLANCY MELBOURNE, 10 AUGUST 2017

Application for an unfair dismissal remedy.

[1] On 20 July 2017, Miss Amber Walmsley made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Miss Walmsley filed an application for fee waiver, however, that form was blank.

[3] The Fair Work Commission attempted to contact Miss Walmsley on 20 July 2017, though this was unsuccessful and a voicemail message was left noting that the application for fee waiver was blank. On the same day, correspondence was sent to Miss Walmsley, confirming that the fee waiver form was blank and would need to be completed and returned to the Commission. Miss Walmsley was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] Further attempts to telephone Miss Walmsley were made on 31 July and 7 August 2017, with a voicemail message left on each occasion regarding the outstanding lodgement fee.

[5] To date, no response from Miss Walmsley has been received.

[6] Section 395 of the Act, 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.

[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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