Stephanie Peters v Panthera Finance Pty Ltd

[2019] FWC 6576

[2019] FWC 6576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stephanie Peters
v
Panthera Finance Pty Ltd
(U2019/9104)

DEPUTY PRESIDENT DEAN SYDNEY, 20 SEPTEMBER 2019

Application for an unfair dismissal remedy – application dismissed.

[1] On 15 August 2019, Ms Stephanie Peters made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

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

[3] 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.

[4] On 16 August 2019, the Commission attempted to telephone Ms Peters to advise that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application. This attempt was unsuccessful and written correspondence was sent to Ms Peters and to her representative.

[5] On 27 August 2019, the Commission contacted Ms Peters’ representative in relation to the correspondence of 16 August 2019. The representative advised that Ms Peters would be making payment. The Commission made a further attempt to contact Ms Peters by telephone. This attempt was again unsuccessful.
[6] On 6 September 2019, another attempt was made to contact Ms Peters by telephone without success. The Commission then telephoned Ms Peters’ representative and advised that if payment is not made, the matter would be referred to Chambers. The representative advised that they would follow up with Ms Peters.

[7] No further response was received from Ms Peters or her representative 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 that effect will be issued.

DEPUTY PRESIDENT

Final written submissions:

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