Wade Stirling v AGL & Son Pty Ltd T/A AGL & Son Crane Hire

[2019] FWC 5487

[2019] FWC 5487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 394 - Application for unfair dismissal remedy

Wade Stirling
v
AGL & Son Pty Ltd T/A AGL & Son Crane Hire
(U2019/7431)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 8 AUGUST 2019

Application for an unfair dismissal remedy

[1] On 8 July 2019, Mr Wade Stirling made an application for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (FW Act).

[2] Mr Stirling 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 9 July 2019, Mr Stirling was advised by email correspondence that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] On 9 July 2019 the Fair Work Commission (Commission) also attempted to contact Mr Stirling by telephone, however the number provided has been disconnected.

[6] On 26 July 2019 the Commission sent further written correspondence referring to the previous letter dated 9 July 2019, and confirming that Mr Stirling is required to make payment of the application fee or a completed waiver application in order for his application to proceed. No response was received from Mr Stirling and payment of the required fee has not been made.

[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 FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to section 587(1)(a) of the FW Act. An Order to this effect will be issued.

DEPUTY PRESIDENT

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