Vanessa Markovska v FPC Food Plastics Pty Ltd T/A Food Plastics

[2016] FWC 3971

[2016] FWC 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Vanessa Markovska
v
FPC Food Plastics Pty Ltd T/A Food Plastics
(U2016/6437)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JUNE 2016

Application for relief from unfair dismissal.

[1] On 22 April 2016, Ms Vanessa Markovska made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Markovska did not pay the required fee.

[3] On 26 April 2016, Mrs Markovska was advised by email correspondence that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her 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 4 May, 10 May and 17 May 2016, the Fair Work Commission attempted to contact Ms Markovska in relation to the correspondence dated 26 April 2016. Voicemail messages were left for Ms Markovska to contact the Commission.

[6] On 1 June 2016, the Commission sent further email correspondence to Ms Markovska that her application required payment of the filing fee or a completed waiver form if she wished to proceed with her application.

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

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 shortly.

DEPUTY PRESIDENT

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