Robyn Stevenson v Pacific Holiday Village Pty Ltd T/A Stonelea Resort

[2016] FWC 3580

[2016] FWC 3580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robyn Stevenson
v
Pacific Holiday Village Pty Ltd T/A Stonelea Resort
(U2016/1653)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 2 JUNE 2016

Application for relief from unfair dismissal.

[1] On 8 April 2016, Ms Robyn Stevenson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Stevenson did not pay the required fee.

[3] On 14 April 2016, Ms Stevenson and her representative were advised by telephone correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. On the same date, the Fair Work Commission sent email correspondence attaching the waiver of application fee form for completion.

[4] 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.

[5] On 27 April 2016, the Commission contacted Ms Stevenson in relation to the correspondence dated on 14 April 2016. Ms Stevenson advised she had emailed a completed waiver fee application form to the Commission. She advised she would re-send a completed form again via email later that afternoon.

[6] On 11 May 2016, Ms Stevenson was asked by telephone to provide the waiver application fee form. Ms Stevenson advised she would again email the completed form that afternoon.

[7] On 16 May 2016, the Commission made a further attempt to contact Ms Stevenson, the call was not answered and a voice message was left.

[8] No response has been received from Ms Stevenson and payment of the required fee has not been made.

[9] 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.

[10] 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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