Tayla-rose Hall v Infusion Hair and Beauty

[2018] FWC 3272

[2018] FWC 3272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Tayla-rose Hall
v
Infusion Hair and Beauty
(C2018/2329)

DEPUTY PRESIDENT KOVACIC CANBERRA, 5 JUNE 2018

Application to deal with contraventions involving dismissal - invalid application - application dismissed.

[1] Ms Tayla-rose Hall (the Applicant) made an application which was received by the Fair Work Commission (the Commission) on 2 May 2018 under s.365 of the Fair Work Act 2009 (the Act) alleging that she had been dismissed by Infusion Hair and Beauty (the Respondent) in contravention of the general protections provisions in the Act. Ms Hall’s application was incomplete in that no payment or application for waiver of the lodgment fee was completed.

[2] On 3 May 2018 the Commission contacted Ms Hall via telephone regarding her application. Ms Hall did not answer the call, subsequently a voice message was left. An email was also sent, asking her to provide the Commission with payment or an application for waiver of the lodgment fee within 14 days or her application may be dismissed.

[3] The Commission subsequently attempted to contact Ms Hall on two occasions i.e. 17 and 22 May 2018, regarding her application. On each occasion it was foreshadowed that Ms Hall’s application may be dismissed unless she completed either the waiver form or paid the lodgement fee. Despite these repeated attempts to contact Ms Hall the Commission has not received a completed waiver form or lodgment fee payment.

[4] Section 587 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.

(2) Despite paragraphs (1) (b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[5] In relation to an application made pursuant to s.365 of the Act, s.367 provides:

“367 Application fees

(1) The application 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 section 365; 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.”

[6] Ms Hall has failed to comply with s.367(1) of the Act. Accordingly, her application has not been made in accordance with the Act and is therefore dismissed pursuant to ss.587(1)(a) of the Act. An order to that effect will be issued with this decision.

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