Richard Peel v Ceduna Aboriginal Corporation

[2019] FWC 3688

[2019] FWC 3688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 394 - Application for unfair dismissal remedy

Richard Peel
v
Ceduna Aboriginal Corporation
(U2019/4192)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 3 JUNE 2019

Application for an unfair dismissal remedy

[1] On 11 April 2019, Mr Richard Peel made an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

[2] Mr Peel did not pay the required fee.

[3] Section 395 of the FW 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.”

[4] On 15 April 2019, Mr Peel was advised by telephone and email that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] On 13 May 2019, the Fair Work Commission (the Commission) contacted Mr Peel by telephone in relation to the correspondence sent on 15 April 2019. He was advised that his completed waiver had still not been received. He stated he required legal advice and a referral was provided by email for a community legal centre.

[6] On 21 and 22 May 2019, the Commission attempted to contact Mr Peel by telephone but was unsuccessful.

[7] Mr Peel has not responded further or provided the completed waiver form.

[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 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 section 587(1)(a) of the FW Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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