Scott Mummery v Fortys Plastering Pty Ltd T/A Fortys Plastering Pty Ltd

[2016] FWC 2245

[2016] FWC 2245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Scott Mummery
v
Fortys Plastering Pty Ltd T/A Fortys Plastering Pty Ltd
(U2016/3962)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 APRIL 2016

Application for relief from unfair dismissal.

[1] On 21 January 2016, Mr Scott Mummery made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 21 January 2016, Mr Mummery 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] 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 9 February 2016, the Fair Work Commission (the Commission) attempted to contact Mr Mummery in relation to the correspondence dated on 21 January 2016. The call was not answered and a voice message was left. On the same day, email correspondence was sent attaching a fee waiver application form for completion. No response was received from Mr Mummery and payment of the required fee was not been made.

[6] The Commission attempted to contact Mr Mummery on 12 and 23 February and 4, 8 and 18 March 2016. He was also sent further correspondence on 4 March 2016 which attached a fee waiver application form for completion. In all circumstances, Mr Mummery did not answer to the attempts to contact him and did not lodge a completed waiver form.

[7] 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.

[8] 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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