Rian Minniecon v PON Project Services

[2019] FWC 5192

[2019] FWC 5192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Rian Minniecon
v
PON Project Services
(U2019/7184)

DEPUTY PRESIDENT CLANCY MELBOURNE, 29 JULY 2019

Application for an unfair dismissal remedy.

[1] On 1 July 2019, Mr Rian Minniecon made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Minniecon did not pay the required application fee.

[3] On 2 July 2019, the Commission attempted to telephone Mr Minniecon but there was no answer. A voicemail message was left seeking payment of the required fee.

[4] Email correspondence was sent to Mr Minniecon on the same day regarding the overdue application fee. This correspondence advised Mr Minniecon that he could apply to have the fee waived if paying the fee would cause him serious hardship. It was also conveyed that if Mr Minniecon did not pay the fee or apply to have the fee waived within 14 days, his application may be dismissed. There was no response from Mr Minniecon to this correspondence.

[5] A final attempt was made to telephone Mr Minniecon on 22 July 2019. A voicemail message was left requesting Mr Minniecon to make payment by calling the Commission or else his application may be dismissed.

[6] To date, there still has been no response from Mr Minniecon and neither payment of the application fee nor application for a fee waiver have been made.

[7] 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.”

[8] 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.”

[9] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Mr Minniecon has not paid the required application fee. As such, Mr Minniecon’s 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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