Nicole Kalokidis v Mica Lighting

[2013] FWC 8340

[2013] FWC 8340

FAIR WORK COMMISSION

DECISION

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

Nicole Kalokidis
v
Mica Lighting
(U2013/10895)

COMMISSIONER WILSON MELBOURNE, 28 OCTOBER 2013

Application for relief from unfair dismissal.

[1] On 25 June 2013, an application under s.394 of the Fair Work Act 2009 (the Act) for a remedy for unfair dismissal was lodged by Ms Nicole Kalokidis.

[2] Ms Kalokidis did not pay the required fee.

[3] On 27 June 2013, Ms Kalokidis was advised by email correspondence that her application required payment of the ($65.50) filing fee or a completed waiver form if she wished to proceed with her 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 June 2013, Ms Kalokidis was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. On the 15 July 2013 Ms Kalokidis was sent correspondence by email advising that if payment or a completed waiver form was not received by the Commission then her application may be dismissed.

[6] On 19 July 2013, Ms Kalokidis advised via telephone correspondence that she will send through completed waiver form by close of business that day. A waiver form was not received.

[7] On 23 July 2013, Ms Kalokidis advised by email correspondence that she will pay the prescribed application fee on 26 July 2013. To date no payment or waiver form has been received by Ms Kalokidis.

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

COMMISSIONER

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