Scott Myers v Bissells Paint and Panel

[2015] FWC 3640

[2015] FWC 3640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Scott Myers
v
Bissells Paint and Panel
(U2015/2957)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 MAY 2015

Application for relief from unfair dismissal.

[1] On 10 February 2015, Mr Scott Myers made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

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

[3] On 10 February 2015, Mr Myers was advised via email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Copies of these documents were provided to Mr Myers. Mr Myers was advised that in the absence of advice from him within 14 days, his application may be dismissed. On the same date, the Fair Work Commission attempted to contact Mr Myers via telephone, the call was not answered and a voice messaged was left.

[4] 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.

[5] On 20 February 2015, the Commission again attempted to contact Mr Myers in relation to the correspondence dated 10 February 2015. A voice message was left advising Mr Myers to contact the Commission to make a payment or complete waiver application form and confirm his employment dates. On the same date, the Commission sent email correspondence advising that in the absence of advice from him within 14 days, his application may be dismissed. No response was received from Mr Myers and payment of the required fee was not made.

[6] On 9 April 2015, the Commission again attempted to contact Mr Myers in relation to the correspondence dated 10 February 2015 and 20 February 2015. A voice message was left advising Mr Myers to contact the Commission and the Commission sent email correspondence. No response was received from Mr Myers and payment of the required fee was not made.

[7] On 1 May 2015, the Commission again attempted to contact Mr Myers in relation to the correspondence dated 10 February 2015, 20 February 2015 and 9 April 2015. A voice message was left advising Mr Myers to contact the Commission and an attempt was made to contact Mr Myers on the land line number. No response was received from Mr Myers and payment of the required fee was not made.

[8] On 25 May 2015, the Commission further attempted to contact Mr Myers on his mobile in relation to the correspondence dated 10 February 2015, 20 February 2015, 9 April 2015 and 1 May 2015 and the call was not answered.

[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 section 587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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