Ms Kariss Aquino v Allied Forklifts Pty Ltd T/A Allied Forklifts Pty Ltd

[2019] FWC 1675

[2019] FWC 1675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ms Kariss Aquino
v
Allied Forklifts Pty Ltd T/A Allied Forklifts Pty Ltd
(U2019/923)

DEPUTY PRESIDENT BINET PERTH, 14 MARCH 2019

Application for an unfair dismissal remedy.

[1] On 30 January 2019, Mrs Kariss Aquino (Ms Aquino) made an application (Application) to the Fair Work Commission (FWC) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (FW Act).

[2] Mrs Aquino did not pay the required fee.

[3] On 30 January 2019, Ms Aquino was advised by telephone and emailed correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the Application.

[4] 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.

[5] On 15 February 2019, the FWC attempted to contact Ms Aquino by telephone in relation to the correspondence dated on 30 January 2019. Contact could not be made and a voicemail message was left for Mrs Aquino.

[6] On 26 February 2019, the FWC contacted Ms Aquino and she advised she would be submitting an application for waiver of the filing fee that same day.

[7] On 8 March 2019, the FWC attempted to contact Ms Aquino by telephone. A detailed voicemail message was left to advise Ms Aquino the Application would be dismissed if she did not make payment or submit the waiver application. No response was received from Mrs Aquino and payment of the required fee has not been made.

[8] Section 587(1) of the FW 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.”

[9] 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.

[10] An Order dismissing the Application [Print PR705844] will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR705843>