Toni Sporton v Sara Madden

[2019] FWC 7229

[2019] FWC 7229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Toni Sporton
v
Sara Madden
(U2019/9873)

COMMISSIONER BISSETT MELBOURNE, 18 OCTOBER 2019

Application for an unfair dismissal remedy.

[1] On 3 September 2019, Ms Toni Sporton (Applicant) 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 the Applicant was incomplete in that the Applicant 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 4 September 2019, the Fair Work Commission (Commission) emailed correspondence to the Applicant’s representative, Ms Holly Sporton, which advised that the application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

[5] On 5 September 2019, the Applicant’s representative telephoned the Commission in relation to the correspondence dated on 4 September 2019. She advised that she will contact the Commission on 6 September 2019 and provide payment of the filing fee.

[6] On 30 September 2019, the Commission attempted to contact the Applicant by telephone. A voicemail message was left requesting a return call.

[7] On 15 October 2019, the Commission attempted to contact both the Applicant and her representative by telephone. A voicemail message was left on both their mobile numbers requesting a return call.

[8] No response was received from either Ms Toni Sporton or Ms Holly Sporton and payment of the required fee has not been made.

[9] 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.

[10] 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

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