Siitiaga Philip Tuiletufuga v Parmalat Food Products Pty Ltd

[2014] FWC 9145

[2014] FWC 9145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Siitiaga Philip Tuiletufuga
v
Parmalat Food Products Pty Ltd
(U2014/14873)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 16 DECEMBER 2014

Application for relief from unfair dismissal.

[1] On 6 November 2014, Mr Siitiaga Philip Tuiletufuga made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 7 November 2014, Mr Tuiletufuga was advised by telephone correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 10 November 2014, Mr Tuiletufuga 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.

[5] In response to the Commission’s correspondence, Mr Tuiletufuga called to advise that he was not sure if he should make the payment. He was informed by the Commission that the application may be dismissed if the payment was not made within 14 days.

[6] 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.”

[7] No response was received from Mr Tuiletufuga and payment of the required fee has not been made.

[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.

DEPUTY PRESIDENT

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