Miss Susan Robertson v Regis Aged Care

[2016] FWC 8183

[2016] FWC 8183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Susan Robertson
v
Regis Aged Care
(U2016/12440)

DEPUTY PRESIDENT CLANCY MELBOURNE, 14 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 12 October 2016, Miss Susan Robertson made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] The application form filed by Miss Robertson in the Fair Work Commission (the Commission) was incomplete as she filed a blank application for fee waiver.

[3] On 12 October 2016, the Commission attempted to contact Miss Robertson on her mobile phone but was unsuccessful. On the same date, an email was sent to Miss Robertson advising her application was incomplete and that in the absence of a completed fee waiver application being received within 14 days, her application may be dismissed.

[4] On 26 October 2016, the Commission again attempted to contact Miss Robertson on her mobile phone but was unsuccessful. A further email was then sent to Miss Robertson advising her application was incomplete and that in the absence of a completed fee waiver application being received within 14 days, her application may be dismissed.

[5] On 9 November 2016, the Commission again attempted to contact Miss Robertson on her mobile phone but was unsuccessful.

[6] Miss Robertson did not contact the Commission or provide the necessary details as requested.

[7] 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.

[8] Having regard to the above, Miss Robertson has failed to pay the required fee or complete an application for fee waiver.

[9] 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.

[10] 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, PR587510>