Timothy Atkins v Ability Removals

[2014] FWC 6221

[2014] FWC 6221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Timothy Atkins
v
Ability Removals
(U2014/10536)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 15 SEPTEMBER 2014

Application for relief from unfair dismissal.

[1] On 2 July 2014, Mr Timothy Atkins made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] On 4 July 2014, Mr Atkins was advised by mail 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 14 July 2014 and 30 July 2014, the Fair Work Commission (the Commission) sent mail correspondence to Mr Atkins advising his application required payment.

[6] The Commission attempted to contact Mr Atkins on the 13 August 2014 and a voice message was left on the mobile number provided by Mr Atkins. Further attempts to contact Mr Atkins by phone were made on 14 August 2014 and 15 August 2014.

[7] No response was received from Mr Atkins and payment of the required fee has not been made.

[8] 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.

[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 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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