Thomas Vallance v Salmat Ltd T/A Salmat

[2019] FWC 3427

[2019] FWC 3427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Thomas Vallance
v
Salmat Ltd T/A Salmat
(U2019/2245)

DEPUTY PRESIDENT DEAN SYDNEY, 17 MAY 2019

Application for an unfair dismissal remedy.

[1] On 2 March 2019, Mr Thomas Vallance made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] 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.

[4] On 4 March 2019, Mr Vallance was advised by both telephone and email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. No response was received from Mr Vallance.

[5] Further attempts were made to contact Mr Vallance on 26 March 2019, 11 April 2019 and 9 May 2019 without success. Mr Vallance did not respond to any of the Commission’s correspondence and did not make the payment of the required fee.

[6] 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.

[7] Having regard to the circumstances of this matter, I am satisfied and find that the application was not made in accordance with the Act as the application was not accompanied by the prescribed fee. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR708420>