Zack Allen v VDG Security Company T/A VDG Services
[2018] FWC 7083
•19 NOVEMBER 2018
| [2018] FWC 7083 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Zack Allen
v
VDG Security Company T/A VDG Services
(U2018/4368)
| Deputy President Dean | SYDNEY, 19 NOVEMBER 2018 |
Application for an unfair dismissal remedy.
On 26 April 2018, Mr Zack Allen made an application to the Fair Work Commission for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.
Mr Allen did not pay the required fee at the time of lodgement.
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.
On 27 April 2018, Mr Allen was advised by telephone that his application required payment of the filing fee or a completed waiver application form if he wished to proceed with the application. Mr Allen advised he would call back on Monday 30 April 2018 to pay the required filing fee but did not do so.
The Commission made further attempts to contact Mr Allen on 30 April 2018 and 10 May 2018. A final attempt was made on 24 May 2018 to contact Mr Allen by telephone and a voice message was left, advising him that “if the matter remains unpaid it will be referred for possible closure.” No response was received from Mr Allen 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.
Having regard to the circumstances of this matter, I am satisfied and find that the application was not made in accordance with the Act as the application was not accompanied by the prescribed fee. 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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