Robert Boyd v Sydney Night Patrol & Inquiry Pty Ltd T/A SNP Security

[2014] FWC 1321

[2014] FWC 1321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Boyd
v
Sydney Night Patrol & Inquiry Pty Ltd T/A SNP Security
(U2013/15680)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 21 FEBRUARY 2014

Application for relief from unfair dismissal.

[1] On 7 November 2013, Mr Robert Boyd made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 8 November 2013, the Fair Work Commission (the Commission) contacted Mr Boyd by telephone to advise his application required payment of the ($65.50) filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 8 November 2013, the Commission emailed Mr Boyd the waiver form to complete.

[5] Section 395, 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.

[6] On 12 November 2013, the Commission emailed Mr Boyd attaching the waiver form and advised him that if we did not hear from him within 14 days, his application may be dismissed.

[7] No response was received from Mr Boyd and payment of the required fee has not been made.

[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 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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