Pauline Watkinson v Woolworth Group Limited

[2025] FWC 53

[2025] FWC 53

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Pauline Watkinson
v

Woolworth Group Limited

(U2024/13409)

DEPUTY PRESIDENT BEAUMONT PERTH, 7 JANUARY 2025

Application for an unfair dismissal remedy – unpaid application fee – application is not made in accordance with this Act – application dismissed – s.587(1)(a).

1. On 5 November 2024, Mrs Pauline Watkinson made an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act).

1. For the reasons that follow, I am satisfied that Mrs Watkinson’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Section 395 of the Act is in the following terms:

“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.”

1. Mrs Watkinson’s application was incomplete because Mrs Watkinson did not pay the required fee or file a completed request to waive the fee.

1. Commission staff contacted Mrs Watkinson on the following dates:

·   15 November 2024 by telephone and SMS;

·   20 November 2024 by email;

·   21 November 2024 by SMS;

·   22 November 2024 by letter sent by registered post;

·   25 November 2024 by SMS; and

·   28 November 2024 by telephone.

1. Mrs Watkinson was advised that she must pay the filing fee or apply for a waiver if she wished to proceed with the application. Mrs Watkinson was also warned that the application could be dismissed if the filing fee was not paid within seven calendar days.

1. Mrs Watkinson was contacted by telephone on 15 November 2024, and she advised that she wished to continue with her application. Commission Staff confirmed Mrs Watkinson’s email address due to the undelivered automatic emails received by the Commission.  Mrs Watkinson said her inbox was full and that she would clear it so she could receive emails again.

1. To date there has been no further response from Mrs Watkinson, no fee paid, and no waiver request received.

1. Section 587 of the Act includes the following provisions:

“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.

…

(3) The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Mrs Watkinson’s application was not made in accordance with the Act (per s 587(1)(a)) because the prescribed fee (per s 395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mrs Watkinson’s application.

1. Mrs Watkinson has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). The Commission’s inquiries and warnings have largely been ignored.

1. In the circumstances, I am satisfied that Mrs Watkinson’s application should be dismissed.

1. I have separately made an order dismissing the application (PR783052).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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