Rachael Mifsud v More Telecom Pty Ltd

[2015] FWC 650

[2015] FWC 650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Rachael Mifsud
v
More Telecom Pty Ltd
(U2014/14761)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 JANUARY 2015

Application for relief from unfair dismissal.

[1] On 31 October 2014, Ms Rachael Mifsud made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 3 November 2014, Ms Mifsud 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.

[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 21 November, 3 December and 22 December 2014, the Commission unsuccessfully attempted to contact Ms Mifsud in relation to the correspondence dated on 3 November 2014.

[6] On 9 January and 12 January 2015, the Commission attempted to contact Ms Mifsud again and a voice messages were left requesting she contact the Commission urgently, as absence of a response may lead to the application being dismissed.

[7] 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.

[8] 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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