Robert Barat v Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd

[2017] FWC 3319

[2017] FWC 3319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Robert Barat

v

Carter & Spencer Group T/A Carter & Spencer Nth Qld Pty Ltd

(U2017/5710)

Deputy President Clancy MELBOURNE, 20 JUNE 2017

Application for an unfair dismissal remedy.

1. On 30 May 2017, Mr Robert Barat made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

1. Mr Barat did not pay the required fee.

1. On 30 May 2017, the Fair Work Commission attempted to telephone Mr Barat, however this was unsuccessful and a voicemail was left.  On the same day, correspondence was sent to Mr Barat advising that payment of the lodgement fee or a completed waiver form was required if he wished to proceed with his application.  Mr Barat was advised in the absence of any advice from him within 14 days, his application may be dismissed.

1. Further attempts to telephone Mr Barat were made on 12 June and 16 June 2017, with a voicemail left on each occasion seeking a return call regarding the outstanding lodgement fee.

1. To date, no response from Mr Barat has been received.

1. 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.

1. 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.

1. Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the 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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