Timothy Palmer v North Queensland Newspapers

[2019] FWC 7212

[2019] FWC 7212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Timothy Palmer
v
North Queensland Newspapers
(U2019/9736)

COMMISSIONER BISSETT MELBOURNE, 18 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 30 August 2019, Mr Timothy Palmer made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] The application filed by Mr Palmer was incomplete in that Mr Palmer did not lodge a fee waiver application and did not pay the required fee.

[3] Section 395 of the FW Act, 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 2 September 2019, the Fair Work Commission (the Commission) emailed correspondence to Mr Palmer which advised that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. Also on this date the Commission attempted to contact Mr Palmer by telephone. This attempt was unsuccessful and there was no option to leave a voicemail.

[5] On 8 October 2019, the Commission attempted to contact Mr Palmer by telephone in relation to the correspondence dated 2 September 2019. The call was not answered and there was no option to leave a voicemail.

[6] On 10 October 2019, the Commission contacted Mr Palmer by telephone. Mr Palmer advised he will lodge a completed waiver form later that day.

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

[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 1 to this effect will be issued separately.

COMMISSIONER

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