Phillip Gillett v Straits Tritton Mines

[2015] FWC 649

[2015] FWC 649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Phillip Gillett
v
Straits Tritton Mines
(U2014/15106)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 JANUARY 2015

Application for relief from unfair dismissal.

[1] On 13 November 2014, Mr Phillip Gillett made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Gillett did not pay the required fee.

[3] On 14 November 2014, Mr Gillett was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his 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 3 December 2014, the Fair Work Commission (the Commission) unsuccessfully attempted to contact Mr Gillett in relation to the correspondence dated on 14 November 2014. On 6 January and 13 January 2015 the Commission again attempted to contact Mr Gillett, however the calls were not answered and voice messages were left. No response was received from Mr Gillett and payment of the required fee has not been made.

[6] 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.

[7] 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.

DEPUTY PRESIDENT

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