Mr Lawrence Paco v Bayside Benders Pty Ltd T/A Bayside Benders Pvc Pipe Bending

[2015] FWC 8934

[2015] FWC 8934

FAIR WORK COMMISSION

DECISION

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

Mr Lawrence Paco
v
Bayside Benders Pty Ltd T/A Bayside Benders Pvc Pipe Bending
(C2015/6198)

COMMISSIONER ROE MELBOURNE, 23 DECEMBER 2015

Application to deal with other contraventions dispute.

[1] The application in this matter was made on 23 September 2015. The Applicant failed to pay the lodgement fee of $68.60. The Applicant applied for a waiver of the fee. On 1 October 2015 the Registry staff of the Fair Work Commission responded to the Applicant’s request pointing out that in the application the Applicant had acknowledged that he had sufficient funds to pay the filing fee and therefore the Fair Work Commission could not be satisfied that he would suffer serious hardship if the lodgement fee was paid. The Fair Work Commission could therefore not make a waiver in accordance with Regulation 3.03(7) of the Fair Work Regulations 2009. Numerous attempts were then made to contact Mr Paco via telephone and correspondence. No response was received. On 9 December 2015 I instructed my Associate to write to Mr Paco. I provided him with the opportunity respond further and advised him that unless he provided a response by 14 December 2015 we would assume that he did not wish to proceed with his application and that we may dismiss the Application without further proceeding. No response was received.

[2] I am satisfied that Mr Paco has had adequate opportunity to pursue this matter and that it is appropriate to assume that he does not wish to take the matter further. The Application is therefore dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR575444>