Rachel Alyward v Westpac Group T/A Westpac

[2025] FWC 406

[2025] FWC 406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Rachel Alyward
v

Westpac Group T/A Westpac

(U2024/9199)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 FEBRUARY 2025

Application for an unfair dismissal remedy -dismissal under s.587 at the Commission’s initiative.

1. Ms Rachel Alyward lodged an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth) (the Act) for an unfair dismissal remedy on 6 August 2024.

1. The application was incomplete in that Ms Alyward did not pay the required application fee or lodge a completed Form F80 – Application for waiver of the application fee (Form F80).

1. On 12 August 2024, the Commission emailed correspondence to Ms Alyward’s nominated email address informing her that payment of the application fee or a completed Form F80 was required for the Commission to progress her unfair dismissal application. That correspondence warned Ms Alyward that if payment was not made or a Form F80 was not received within 7 calendar days, her unfair dismissal application may be dismissed.

1. On 16 December 2024, the Commission emailed correspondence to Ms Alyward’s nominated email address, reminding her that her application required payment of the application fee or a completed Form F80. That correspondence also warned that if payment was not made or a Form F80 was not received, her application may be dismissed.

1. On 19 December 2024, the Commission attempted to contact Ms Alyward on her nominated telephone number to discuss payment of the required fee. However, the call could not be connected as Ms Alyward had provided an incorrect telephone number in the Form F2 – Unfair Dismissal Application. The Commission attempted to call the Applicant’s representative, the Finance Sector Union (FSU), but the call was not answered and a voicemail message was left warning that if payment was not received by 23 December 2024, Ms Alyward’s unfair dismissal application may be dismissed. Later the same day, the nominated contact person for the Applicant’s representative contacted the Commission by telephone to advise that she was no longer employed by the FSU, the FSU no longer represented Ms Alyward and she believed the matter was settled outside of the Commission.

1. A final attempt to contact Ms Alyward was made by the Commission by email on 20 December 2025. The email stated that the matter remained unpaid and that the Commission had contacted the nominated contact person at the FSU, who had advised that the FSU were no longer representing Ms Alyward and the matter may have been settled privately with the Respondent. Ms Alyward was asked to advise the Commission if she wished to discontinue her unfair dismissal application. The correspondence also stated that if Ms Alyward wished to proceed, she would be required to pay the required application fee or provide a completed Form F80 by 24 December 2024.

1. To date, there has been no response from Ms Alyward, the required fee has not been paid and a completed Form F80 has not been received.

1. Section 395 of the 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.” (bold text in the original)

1. In relation to an application made pursuant to s.394 of the Act, s.395(1) relevantly provides that the application “must be accompanied by any fee prescribed by the regulations.” Regulation 3.07 of the Fair Work Regulations 2009 (Cth) sets out the amount of the fee for making an unfair dismissal application.

1. Section 587 of the Act relevantly provides as follows:

“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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.” (bold text in the original)

1. The material before the Commission indicates that the relevant application form was not accompanied by the prescribed fee and that Ms Alyward has not lodged a completed Form F80. I am satisfied that the application has not been made in accordance with the Act. Given the absence of the fee payment, it is likely that there is no valid application before the Commission and no further action is required. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. Despite the attempts by the Commission to contact Ms Alyward, there has been no response. In these circumstances, I am satisfied that it is appropriate in all the circumstances to dismiss the purported application. An order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR784252.

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