Shannarra Sangricoli v Moresno Pty Ltd T/A CBD Dental

[2014] FWC 6223

[2014] FWC 6223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shannarra Sangricoli
v
Moresno Pty Ltd T/A CBD Dental
(U2013/16273)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 15 SEPTEMBER 2014

Application for relief from unfair dismissal.

[1] On 25 November 2013, Ms Shannarra Sangricoli made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Sangricoli did not pay the required fee and the application form was not signed and dated.

[3] On 27 November 2013, Ms Sangricoli was advised by email correspondence that her application form was not signed or dated and required payment of the filing fee or a completed waiver form if she wished to proceed with her 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 16 July 2014 and 5 August 2014, the Fair Work Commission (the Commission) attempted to contact Ms Sangricoli by telephone in relation to the correspondence dated 27 November 2013. On 8 August 2014, further email correspondence was sent to Ms Sangricoli requesting the completed application be forwarded to the Commission along with payment of the lodgement fee or a completed waiver application form within fourteen days.

[6] No response was received from Ms Sangricoli and payment of the required fee has not been made.

[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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