Rebecca Simpson v Sandstone Point Big4 Resort T/A Holiday Resort

[2020] FWC 5963

[2020] FWC 5963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Rebecca Simpson
v
Sandstone Point Big4 Resort T/A Holiday Resort
(U2020/13409)

COMMISSIONER BISSETT MELBOURNE, 9 NOVEMBER 2020

Application for an unfair dismissal remedy.

[1] On 9 October 2020, Miss Rebecca Simpson 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 Miss Simpson did not pay the required fee or file a completed waiver form.

[3] On 12 October 2020, the Commission attempted to contact Miss Simpson on her nominated telephone number to discuss payment of the required fee however Miss Simpson did not answer the call. A voicemail message was left requesting Miss Simpson call the Commission to provide payment details as no waiver form was attached to her application.

[4] On 12 October 2020 at 2.20 pm, the Commission emailed correspondence to Miss Simpson’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 not received within 14 days, the application may be dismissed. An SMS notification was also sent to Miss Simpson’s nominated telephone number, advising that there was a problem with her application and requesting her to contact the Commission.

[5] On 12 October 2020 at 2.24 pm, Miss Simpson telephoned the Commission and indicated she would be submitting a completed waiver form.

[6] On 27 October 2020, the Commission attempted to contact Miss Simpson on her nominated telephone number to follow up the submission of her waiver form. The call was not answered and a voicemail message was left advising Miss Simpson that the Commission was yet to receive her completed waiver form.

[7] A final attempt to contact Miss Simpson was made by the Commission on 4 November 2020 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Miss Simpson that payment of the required fee was still outstanding and no waiver form had been received.

[8] To date there has been no response from Miss Simpson, the required fee has not been paid and a completed waiver form has not been received.

[9] 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.

[10] 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.

[11] 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 to this effect will be issued shortly.

COMMISSIONER

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