Mr Luke Ryan v Mr Clip

[2018] FWC 845

[2018] FWC 845

FAIR WORK COMMISSION

TEST DECISION

Fair Work Act 2009

Section 394 - Application for unfair dismissal remedy

Mr Luke Ryan

v

Mr Clip

(U2018/453)

Deputy President ADELAIDE, 8 FEBRUARY 2018

Application for relief from unfair dismissal – required fee not paid – non-responsive applicant – application dismissed

1. On 12 January 2018, Mr Luke Ryan made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the FW Act).

1. Mr Ryan did not pay the required fee.

1. Section 395 of the FW 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.

1. On 15 January 2018, the Fair Work Commission (the Commission) contacted Mr Ryan by telephone to provide payment details for the application fee required for his unfair dismissal application. Mr Ryan advised that he would like to place his application on hold for a few days as he was unsure if he wanted to proceed. Mr Ryan was advised by the Commission that correspondence would be sent to him and he would have 14 days from the date of the letter to respond. This correspondence was sent to Mr Ryan on 15 January 2018.

1. On 25 January 2018, a follow up telephone call was made to Mr Ryan advising that his unfair dismissal application was still unpaid and payment details were required if he wished to proceed with his application. Mr Ryan advised that he would be speaking with his representative and would advise the Commission on Monday 29 January 2018 if he would be proceeding with his application. Mr Ryan did not contact the Commission on Monday 29 January or provide the necessary details as requested.

1. On 6 February 2018, a further telephone call was made to Mr Ryan and a message was left to contact the Commission and advise if he wishes to proceed with his application.

1. No response was received from Mr Ryan and payment of the required fee has not been made.

TEST

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.

1. Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to section 587(1)(a) of the FW Act. An Order to this effect will be issued PR600002.

DEPUTY PRESIDENT

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