Miss Shae Johnson v Betts

[2016] FWC 8109

[2016] FWC 8109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Shae Johnson
v
Betts
(U2016/10410)

DEPUTY PRESIDENT CLANCY MELBOURNE, 10 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 20 August 2016, Miss Shae Johnson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 22 August 2016, Miss Johnson was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. Miss Johnson was advised in the absence of any advice from her within 14 days, her application may be dismissed.

[4] On 3 October 2016, the Fair Work Commission attempted to contact Miss Johnson via the telephone number supplied, however, indications were the phone number was disconnected. An email was then sent to Miss Johnson requiring a response from her and it was noted that in the absence of any advice within 14 days, her application may be dismissed.

[5] On 19 October 2016, the Commission again attempted to contact Miss Johnson on the telephone number provided, however, Miss Johnson could not be reached. A further email was then sent to Miss Johnson advising should no response be provided within 14 days, her application would be dismissed.

[6] 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.

[7] Having regard to the above, Miss Johnson has failed to pay the required fee.

[8] 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.

[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 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, PR587403>