Mr Pranay Prasad v Bedco Pty Ltd

[2019] FWC 6552

[2019] FWC 6552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Pranay Prasad
v
Bedco Pty Ltd
(U2019/9338)

COMMISSIONER BISSETT MELBOURNE, 20 SEPTEMBER 2019

Application for an unfair dismissal remedy.

[1] On 21 August 2019, Mr Pranay Prasad made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] Mr Prasad submitted an application for waiver of the application fee, however this was missing page 2 of the application.

[3] On 22 August 2019, Mr Prasad was advised by email correspondence and voice mail that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] 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.

[5] On 27 August, 6 September and 17 September 2019, the Fair Work Commission (Commission) attempted to contact Mr Prasad in relation to the correspondence dated 22 August 2019. These attempts were unsuccessful and voice messages were left for Mr Prasad on each occasion for him to contact the Commission in regard to his application.

[6] No response was received from Mr Prasad 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 prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order 1 giving effect to this decision will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR712581>

 1   PR712582