Peta Whitlock v CSC Group T/A Caboolture Sports Club

[2020] FWC 4994

[2020] FWC 4994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Peta Whitlock
v
CSC Group T/A Caboolture Sports Club
(U2020/11715)

COMMISSIONER BISSETT MELBOURNE, 17 SEPTEMBER 2020

Application for an unfair dismissal remedy.

[1] On 29 August 2020 Ms Peta Whitlock 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 Whitlock did not pay the required fee or file a completed waiver form.

[3] On 31 August 2020 the Commission attempted to contact Ms Whitlock on her nominated telephone number to discuss payment of the required fee however, Ms Whitlock did not answer the call. A voicemail message was left requesting her to return the call in relation to her application and fee payment.

[4] Later that day, the Commission emailed correspondence to Ms Whitlock’s nominated email address advising that 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 Whitlock’s nominated telephone number, advising that there was a problem with her application and requesting her to contact the Commission.

[5] On 14 September 2020 the Commission attempted to contact Ms Whitlock on her nominated telephone number to discuss payment of the required fee however, Ms Whitlock did not answer the call. A voicemail message was left requesting that she return the call in relation to her application.

[6] A final attempt to contact Ms Whitlock was made by the Commission on 15 September 2020 to obtain payment or a completed waiver form. The call was not answered, and a voicemail message was left advising Ms Whitlock that payment of the required fee was still outstanding and the matter was at risk of being dismissed.

[7] To date there has been no response from Ms Whitlock, 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 prospects 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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