Renee Nomchong v Glam Bos Agencies Pty Ltd T/A Parlour X

[2018] FWC 7084

[2018] FWC 7084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Renee Nomchong
v
Glam Bos Agencies Pty Ltd T/A Parlour X
(U2018/4819)

DEPUTY PRESIDENT DEAN SYDNEY, 19 NOVEMBER 2018

Application for an unfair dismissal remedy.

[1] On 8 May 2018, Ms Renee Nomchong made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 9 May 2018, Ms Nomchong 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 of the Act, 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 May 2018 the Commission attempted to contact Ms Nomchong in relation to the correspondence dated 9 May 2018 and a voice mail was left requesting that she contact the Commission regarding payment of the application fee. A further attempt to contact Ms Nomchong was made on 29 May 2018. No response was received from Ms Nomchong 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 and find that the application was not made in accordance with the Act as the application was not accompanied by the prescribed fee. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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