Steven Maceachern v The Trustee for WLB Family Trust T/A Greencorp Landscape Solutions Pty Ltd

[2019] FWC 3037

[2019] FWC 3037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Steven Maceachern
v
The Trustee for WLB Family Trust T/A Greencorp Landscape Solutions Pty Ltd
(U2019/1499)

DEPUTY PRESIDENT CLANCY MELBOURNE, 3 MAY 2019

Application for an unfair dismissal remedy.

[1] On 13 February 2019, Mr Steven Maceachern made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Maceachern did not pay the required application fee.

[3] Also on 13 February 2019, the Commission attempted to telephone Mr Maceachern to seek payment of the required fee. There was no answer and no opportunity to leave a voicemail message.

[4] On 14 February 2019, the Commission sent email correspondence to Mr Maceachern and his legal representative in relation to the overdue application fee. The correspondence advised Mr Maceachern that he could apply to have the fee waived if paying the fee would cause him serious hardship. It was noted that if he did not pay the fee or apply to have the fee waived within 14 days, his application may be dismissed.

[5] On 15 February 2019, Mr Maceachern’s legal representative advised the Commission they had spoken with Mr Maceachern and requested he telephone the Commission and pay the application fee via credit card.

[6] On 25 March 2019, a further attempt was made to telephone Mr Maceachern, however, there was no answer and a short voicemail message was left. A short time later, Mr Maceachern’s legal representative advised they were no longer acting for him in the matter.

[7] A final attempt was made to telephone Mr Maceachern on 27 March 2019. Again, a short voicemail message was left.

[8] To date, no response from Mr Maceachern has been received and neither payment of the application fee or application for a fee waiver has been made.

[9] Section 395 of the Act, 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.”

[10] 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.”

[11] Having regard to the above, I am satisfied the application was not made in accordance with the Act as Mr Maceachern has not paid the required application fee. As such, Mr Maceachern’s 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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