Shannon Pilon v International Security Training Academy

[2014] FWC 4940

[2014] FWC 4940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shannon Pilon
v
International Security Training Academy
(U2014/9897)

COMMISSIONER WILSON MELBOURNE, 23 JULY 2014

Application for relief from unfair dismissal.

[1] On 9 June 2014, Ms Shannon Pilon made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 11 June 2014, the Fair Work Commission (the Commission) attempted, without success, to contact Ms Pilon by telephone in relation to the required fee.

[4] On 16 June 2014, Ms Pilon was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] Section 395, which deals with application fees, provides:

“(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.”

[6] On 2 July 2014, the Fair Work Commission (the Commission) attempted to contact Ms Pilon once again.

[7] Ms Pilon did has not contacted the Commission and has not made payment of the required fee.

[8] 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.”

[9] 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.

COMMISSIONER

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