Robert Sinclair v Crane Distribution Limited (Fletcher Building Group) T/A Tradelink

[2016] FWC 7079

[2016] FWC 7079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Sinclair
v
Crane Distribution Limited (Fletcher Building Group) T/A Tradelink
(U2016/8512)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 4 OCTOBER 2016

Application for relief from unfair dismissal.

[1] On 22 July 2016, Mr Robert Sinclair made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 25 July 2016, Mr Sinclair was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 27 July 2016, a follow up call was made to Mr Sinclair to query whether he intended to lodge an application for waiver of filing fee or pay the required fee. Mr Sinclair advised that it was his intention to complete the waiver form and return it to the Commission.

[5] On 3 August 2016, Mr Sinclair was contacted by telephone to check on the progress of his waiver application. Mr Sinclair advised that he now wished to make payment instead but advised that he was currently unable to do so and expected to be able to make payment soon.

[6] On 10, 12 and 30 August 2016, the Commission attempted to call Mr Sinclair. All calls were unanswered and messages were left for Mr Sinclair to contact the Commission regarding payment of the filing fee.

[7] 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.

[8] On 5 September 2016, the Commission attempted to contact Mr Sinclair in relation to the correspondence dated 25 July 2016. A message was left for him to contact the Commission.

[9] No response has been received from Mr Sinclair and payment of the required fee has not been made.

[10] 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.

[11] 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR586032>