Tiffany Carter v Yes Digital Pty Ltd

[2022] FWC 2217

[2022] FWC 2217

The attached document replaces the document previously issued with the above code on 19 August 2022.

Signature and Seal of Commissioner Bissett added.

Samuel Dixon
Relief Associate to Commissioner Bissett

Dated 19 August 2022

[2022] FWC 2217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Tiffany Carter
v
Yes Digital Pty Ltd

(U2022/7785)

cOMMISSIONER bISSETT MELBOURNE, 19 AUGUST 2022

Application for relief from unfair dismissal– unpaid application – dismissal under s.587 at the Commission’s initiative.

1. On 25 July 2022, Ms Tiffany Carter (Applicant) 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).

1. The application was incomplete in that the Applicant did not pay the required fee or file a completed waiver form.

1. On 26 July 2022, the Commission attempted to contact the Applicant on her nominated telephone number to discuss payment of the required fee however, the Applicant did not answer the call. A voicemail message was left requesting a call back with the lodgement fee.

1. Later that day, the Commission emailed correspondence to the Applicant’s nominated email address advising that her application required payment of the filing fee or a completed waiver form if she 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 the Applicant’s nominated telephone number, advising that there was a problem with her application and requesting she contact the Commission.

1. A final attempt to contact the Applicant was made by the Commission on 11 August 2022 to obtain payment or a completed waiver form. The Applicant did not answer the call. A voicemail message was left advising the Applicant that payment of the required fee was still outstanding and failure to do so may result in her application being dismissed.

1. To date there has been no response from the Applicant, the required fee has not been paid and a completed waiver form has not been received.

1. Section 395 of the FW Act, which deals with application fees, provides that:

   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.

1. Section 587(1) of the FW Act provides as follows:

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.

1. 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[1] to this effect will be issued shortly.

COMMISSIONER

[1] PR744991

Printed by authority of the Commonwealth Government Printer

<PR744990>