Taris Meehan v Leptano Investments Pty Ltd T/A Baramul Stud

[2015] FWC 3246

[2015] FWC 3246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Taris Meehan
v
Leptano Investments Pty Ltd T/A Baramul Stud
(U2014/14263)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 14 MAY 2015

Application for relief from unfair dismissal.

[1] On 16 December 2014, Mr Taris Meehan made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 18 December 2014, Mr Meehan 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.

[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 21 January 2015, the Fair Work Commission attempted to contact Mr Meehan in relation to the correspondence dated 18 December 2014. On the same date, the Commission sent email correspondence attaching the application for completion.

[6] On 27 February 2015, the Commission attempted to contact Mr Meehan and a message was left with a family member.

[7] On 2 April 2015, the Commission attempted to contact Mr Meehan and the call was picked up by a child who advised he was at work.

[8] On 9 April 2015, the Commission attempted to contact Mr Meehan and a family member advised the message would be passed onto Mr Meehan. On the same date the Commission sent further email correspondence to Mr Meehan.

[9] No response has been received from Mr Meehan and payment of the required fee has not been made.

[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 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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