Thu Linh Tran v Mr Gary Hopes T/A Agency888 pty ltd

[2020] FWC 3781

[2020] FWC 3781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Thu Linh Tran
v
Mr Gary Hopes T/A Agency888 pty ltd.
(U2020/8032)

COMMISSIONER BISSETT MELBOURNE, 17 JULY 2020

Application for an unfair dismissal remedy.

[1] On 10 June 2020, Ms Thu Linh Tran made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application was incomplete in that Ms Tran did not pay the required fee or file a completed waiver form.

[3] On 11 June 2020, the Commission attempted to contact Ms Tran on their nominated telephone number to discuss payment of the required fee however, Ms Tran did not answer the call. A voicemail message was left informing her that the waiver form she had submitted was incomplete, and she should forward a completed waiver or make payment of the application fee or the application may be dismissed. It was also stated in this call that Ms Tran had not provided specific dates for notice of her dismissal or the date the dismissal took effect, and this information would also need to be provided for her application to proceed.

[4] Later that day, the Commission emailed correspondence to Ms Tran’s nominated email address advising that their application required payment of the filing fee or a completed waiver form, and the other required information, if they wished to proceed with the application. That correspondence also warned that if payment is not made or a waiver form is not received within 14 days, the application may be dismissed. An SMS notification was also sent to Ms Tran’s nominated telephone number, advising that there was a problem with their application and requesting them to contact the Commission.

[5] On 23 June 2020, the Commission attempted to contact Ms Tran to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Ms Tran that payment of the required fee and information, namely specific dates for notification of dismissal and dismissal taking effect, were still outstanding.

[6] To date there has been no response from Ms Tran, the required fee has not been paid and a completed waiver form has not been received.

[7] Section 395 of the FW Act, which deals with application fees, provides as follows:

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 FW 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 FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act. An Order to this effect will be issued shortly.

COMMISSIONER

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