Natasha Pustak v Villiage National Country Resort Emerald T/A Village National Operations Pty Ltd

[2021] FWC 2257

[2021] FWC 2257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Natasha Pustak
v
Villiage National Country Resort Emerald T/A Village National Operations Pty Ltd
(U2021/2889)

COMMISSIONER BISSETT MELBOURNE, 26 APRIL 2021

Application for an unfair dismissal remedy.

[1] On 7 April 2021, Ms Natasha Pustak made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Ms Pustak did not pay the required fee or file a completed waiver form.

[3] Upon lodgement, the Applicant submitted a blank Form F6 (Application for costs) but not an application for a waiver of the filing fee.

[4] On 8 April 2021 the Commission attempted to contact Ms Pustak on her nominated telephone number to discuss payment of the required fee and the incorrect form being provided for the application of the filing fee being waived. Ms Pustak did not answer the call. A voicemail was left requesting Ms Pustak to return a completed waiver fee application form or pay the lodgement fee.

[5] Later that day, the Commission emailed correspondence to Ms Pustak’s nominated email address, advising her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received within 14 days, the application may be dismissed. An SMS notification was also sent to Ms Pustak’s nominated telephone number, advising that there was a problem with her application and requesting she contact the Commission.

[6] A further attempt to contact Ms Pustak was made by the Commission on 21 April 2021 to obtain payment or a completed waiver form. The call was not answered, and a voicemail was left advising Ms Pustak that payment of the required fee was still outstanding and that the wrong payment waiver form was used with her application.

[7] To date there has been no response from Ms Pustak, the required fee has not been paid and a completed waiver form has not been received.

[8] Section 395 of the FW Act, which deals with application fees, provides as follows:

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.

[9] 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 prospect of success.

[10] 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 to this effect will be issued shortly.

COMMISSIONER

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