Trent Reeves v Hunternet

[2019] FWC 4188

[2019] FWC 4188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Trent Reeves
v
Hunternet
(U2019/5399)

DEPUTY PRESIDENT DEAN SYDNEY, 17 JUNE 2019

Application for an unfair dismissal remedy – fee not paid - application dismissed

[1] On 15 May 2019, Mr Trent Reeves made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] Section 395 of the 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] Mr Reeves was advised by both telephone and email correspondence on 15 May 2019 that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. This was followed by a further voicemail message on 22 May 2019. No response was received from Mr Reeves.

[5] The Commission was able to contact Mr Reeves on 27 May 2019 and was told by him that he would submit his completed waiver application form later that day. The waiver application was not received by the Commission.

[6] On 5 June 2019 Mr Reeves again indicated that he would forward his completed application form. Mr Reeves was advised that his application may be dismissed if payment of the filing fee or a completed waiver application was not received. Mr Reeves made no further contact with the Commission and did not pay the required fee or send a completed waiver application.

[7] 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.

[8] 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.

DEPUTY PRESIDENT

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