Miss Courtney Shapland v Tampala Pty Ltd T/A Biy Construction Supplies

[2018] FWC 740

[2018] FWC 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 394 - Application for unfair dismissal remedy

Miss Courtney Shapland
v
Tampala Pty Ltd T/A BIY Construction Supplies
(U2018/298)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 5 FEBRUARY 2018

Application for relief from unfair dismissal – required fee not paid – non-responsive applicant – application dismissed

[1] On 10 January 2018, Miss Courtney Shapland made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (FW Act).

[2] Miss Shapland 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 10 January 2018, the Fair Work Commission (the Commission) attempted to contact Miss Shapland by telephone but was unsuccessful.

[5] On 11 January 2018, the Commission attempted to contact Miss Shapland by telephone but was unsuccessful. An email was sent to Miss Shapland requesting her to contact the Commission to arrange payment of the fee or lodge a waiver form.

[6] On 12 January 2018, Miss Shapland was advised by letter and email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[7] On 19 January 2018, the Commission contacted Miss Shapland by telephone. Miss Shapland answered but the call was disconnected. A further telephone call was attempted but was unsuccessful.

[8] On 22 January 2018, Miss Shapland was advised by letter and email to contact the Commission.

[9] On 30 January 2018, the Commission attempted to contact Miss Shapland by telephone but was unsuccessful.

[10] No response was received from Miss Shapland and payment of the required fee has not been made.

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

DEPUTY PRESIDENT

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