Tai Tumua Tipene v Industry Education T/A Itec Health Safe pathways

[2015] FWC 3172

[2015] FWC 3172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Tai Tumua Tipene
v
Industry Education T/A Itec Health Safe pathways
(U2015/4222)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 7 MAY 2015

Application for relief from unfair dismissal.

[1] On 23 March 2015, Mr Tai Tipene made an application for remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

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

[3] On 24 March 2015, a message was left for Mr Tipene to contact the Fair Work Commission regarding payment of the filing fee. Mr Tipene was also sent correspondence on the same day which noted that the lodgement fee had not been paid and that he was able to apply to have the fee waived. A fee waiver form was attached. Mr Tipene was advised that in the absence of any advice from him within 14 days, his application may be dismissed.

[4] On 26 March 2015, a staff member of the Commission spoke with Mr Tipene and he advised that he would advise the Commission if he wanted to continue with his application, make the payment or apply for the fee to be waived.

[5] On 7 April, a message was left for Mr Tipene to contact the Commission regarding his unpaid filing fee. On the same day, correspondence was sent to Mr Tipene which required him to advise within 14 days whether he wished to proceed with his application and in the absence of such advice, his application would be dismissed.

[6] Mr Tipene did not respond to the correspondence.

[7] 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.

[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 section 587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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