Mr Alexander Hearn v GA & FJ Fox

[2015] FWC 7217

[2015] FWC 7217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.372 - Application to deal with other contravention disputes

Mr Alexander Hearn
v
GA & FJ Fox
(C2015/5727)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 21 OCTOBER 2015

Application to deal with other contraventions dispute.

[1] On 18 August 2015, Mr Alexander Hearn made an application for the Fair Work Commission (the Commission) to deal with a general protections contraventions dispute under s.372 of the Fair Work Act 2009 (the Act).

[2] Mr Hearn did not pay the required application fee.

[3] On 19 August 2015, Mr Hearn was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] Section 373, which deals with application fees, provides:

373 Application fees

(1) The application 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 section 372; 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.

[5] Regulation 3.08 of the Fair Work Regulations 2009 prescribes an application fee for the purposes of s.373(2).

[6] On 18 September 2015 the Fair Work Commission (the Commission) attempted to contact Mr Hearn by telephone in relation to the correspondence dated 19 August 2015. On 24 September 2015 the Commission advised Mr Hearn by email that if the filing fee was not paid by Thursday, 1 October 2015 his application would be dismissed. No response was received from Mr Hearn and payment of the required fee has not been made.

[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 as required by s.373 of 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 separately.

DEPUTY PRESIDENT

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