Gabriella Talarico v Assyrian Christian Schools Limited [2022] FWC 519 | Case summary | Zoe

CTHFWC

Gabriella Talarico v Assyrian Christian Schools Limited [2022] FWC 519

[2022] FWC 519

Fair Work Commission|2022-03-08

View original source

At a glance

AI case summary

Result

defendant. Application dismissed pursuant to s.587(1)(a) of the Fair Work Act 2009. Order PR739132 issued.

Key principles

Where an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 is not accompanied by the prescribed fee or a completed waiver form, the application is...
Section 395(1) of the Fair Work Act 2009 requires that an application to the Fair Work Commission under Division 3 of Part 3-2 must be accompanied by any fee prescribed by the...
The Fair Work Commission may dismiss an application under s.587(1)(a) of the Fair Work Act 2009 where the application is not made in accordance with the Act, including where the...
Prior to dismissing an application for non-payment of fees under s.587(1)(a), the Commission may make reasonable attempts to contact the applicant to allow opportunity for...

Issues before the court

Whether an application for unfair dismissal remedy under s.394 of the Fair Work Act 2009 that is not accompanied by the prescribed fee or a...
Whether the Fair Work Commission must attempt to contact an applicant before dismissing an application for non-payment of fees under s.587(1)(a)

Plain English Summary

Ms Talarico applied to the Fair Work Commission claiming she was unfairly dismissed from her job. However, she did not pay the required application fee or submit a form asking for the fee to be waived. The Commission tried to contact her twice by phone and once by email to give her a chance to pay the fee or submit the waiver form, warning her that her application might be dismissed if she didn't respond. When she didn't respond, the Commission dismissed her application because it wasn't properly filed according to the legal requirements. This decision means her unfair dismissal claim cannot proceed unless she re-applies and pays the fee or gets a waiver.

AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.

Judgment (21 paragraphs)

[1]

Gabriella Talarico v Assyrian Christian Schools Limited [2022] FWC 519 (8 March 2022)

[2]

Fair Work Act 2009

[3]

s.394 - Application for unfair dismissal remedy

[4]

Application for an unfair dismissal remedy - unpaid application - dismissal under s.587 at the Commission's initiative.

[5]

[1] On 7 February 2022 Ms Gabriella Talarico made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act). Ms Talarico alleged she was unfairly dismissed by Assyrian Christian Schools Limited on 5 November 2021.

[6]

[2] The application was incomplete in that Ms Talarico did not pay the required fee or file a completed waiver form.

[7]

[3] On 8 February 2022 the Commission attempted to contact Ms Talarico on her nominated telephone number to discuss payment of the required fee however, Ms Talarico did not answer the call. A voicemail message was left requesting Ms Talarico contact the Commission to discuss the matter.

[8]

[4] Later that day, the Commission emailed correspondence to Ms Talarico's nominated email address advising that her application required payment of the filing fee or a completed waiver form if she wished to proceed with the application. That correspondence also warned that if payment was not made or a waiver form was not received within 14 days, the application may be dismissed.

[9]

[5] A final attempt to contact Ms Talarico was made by the Commission on 21 February 2022 to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Ms Talarico that payment of the required fee was still outstanding and that if not made the application may be dismissed.

[10]

[6] To date there has been no response from Ms Talarico, the required fee has not been paid and a completed waiver form has not been received.

[11]

[7] Section 395 of the FW Act, which deals with application fees, provides as follows:

[12]

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

[13]

(a) a fee for making an application to the FWC under this Division; and

[14]

[15]

[8] Section 587(1) of the FW Act provides:

[16]

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

[17]

(a) the application is not made in accordance with this Act; or

[18]

[19]

[9] 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 has been issued with this decision.

[20]

[1] PR739132.

[21]

Printed by authority of the Commonwealth Government Printer