Miss Llewellynn Reidy v Goal Fit Pty Ltd T/A Anytime Fitness Rocklea

[2017] FWC 3364

[2017] FWC 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Llewellynn Reidy
v
Goal Fit Pty Ltd T/A Anytime Fitness Rocklea
(U2017/5807)

DEPUTY PRESIDENT CLANCY MELBOURNE, 22 JUNE 2017

Application for an unfair dismissal remedy.

[1] On 1 June 2017, Miss Llewellynn Reidy made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth).

[2] Miss Reidy did not pay the required fee.

[3] On 1 June 2017, the Fair Work Commission (Commission) sent correspondence to Miss Reidy advising that payment of the lodgement fee or a completed waiver form was required if she wished to proceed with her application. Miss Reidy was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] The Commission made several attempts to telephone Miss Reidy on 1, 12 and 19 June 2017. On each occasion, a voicemail was left seeking a return call.

[5] To date, no response from Miss Reidy 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR594008>