Ms Katrina Fleming v Smith Street Accounting Services

[2019] FWC 5125

[2019] FWC 5125

FAIR WORK COMMISSION

DECISION

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

Ms Katrina Fleming
v
Smith Street Accounting Services
(U2019/6570)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 JULY 2019

Application for an unfair dismissal remedy.

[1] On 17 June 2019, Ms Katrina Fleming made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Fleming did not pay the required application fee.

[3] On 18 June 2019, the Commission attempted to telephone Ms Fleming to seek payment of the required fee. There was no answer, but a voicemail message was left requesting Ms Fleming call the Commission back. The voicemail message was sent as a text message.

[4] Email correspondence was sent to Ms Fleming on the same day regarding the overdue application fee. This correspondence advised Ms Fleming that she could apply to have the fee waived if paying the fee would cause her serious hardship. It was also conveyed that if Ms Fleming did not pay the fee or apply to have the fee waived within 14 days, her application may be dismissed. There was no response from Ms Fleming to this correspondence.

[5] A final attempt was made to telephone Ms Fleming on 18 July 2019. Again, a voicemail message was left, which was sent to Ms Fleming as a text message.

[6] To date, there still has been no response from Ms Fleming and neither payment of the application fee nor application for a fee waiver has been made.

[7] Section 395 of the 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.”

[8] 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.”

[9] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Ms Fleming has not paid the required application fee. As such, Ms Fleming’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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