Stephen Jones v Load Restraints Systems

[2015] FWC 5019

[2015] FWC 5019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stephen Jones
v
Load Restraints Systems
(U2015/8735)

COMMISSIONER WILSON MELBOURNE, 23 JULY 2015

Application for relief from unfair dismissal.

[1] On 22 June 2015, Mr Stephen Jones made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

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

[3] On 24 June 2015, Mr Jones 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. On the same date, the Fair Work Commission attempted to contact Mr Jones, the call was not answered and a voice messaged was left.

[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 8 July 2014, the Commission contacted Mr Jones who advised he could not afford the filing fee. He was advised of applying for a waiver of the payment fee but he advised he did not wish to apply for the waiver. He requested the Commission contact him on 13 July 2015 as he believed he would funds on that date.

[6] On 14 July 2015 and 21 July 2015, the Commission attempted to contact Mr Jones in relation to the correspondence dated 24 June 2015. A voice message was left advising Mr Jones to contact the Commission regarding payment of the filing fee.

[7] No response has been received from Mr Jones 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.

COMMISSIONER

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