Fair Work Act 2009

s.394 - Unfair dismissal

[1] On 11 March 2019, Mr Jaya Handy made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

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

[3] Section 395 of the Act, which deals with application fees, provides:

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

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

(c) the circumstances in which all or part of the fee may be waived or refunded.

[4] Mr Handy was advised by telephone on 12 March 2019 and again by email correspondence on 18 March 2019 that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[5] On 17 April 2019 the Commission contacted Mr Handy in relation to the correspondence of 18 March 2019. Mr Handy advised that he would forward his completed waiver application form. The waiver application was not received by the Commission.

[6] A last attempt was made on 8 May 2019 to contact Mr Handy without success and a voice mail was left regarding his unpaid application. Mr Handy made no further response and did not make the payment of the required fee.

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

(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

(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.

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