Fair Work Act 2009

s.394 - Unfair dismissal

North Queensland Youth Rehab Education Equine Centre Aboriginal And Torres Strait Islander Corporation

• [1] On 16 November 2021 Ms Samantha Williams 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).

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

• [3] On 17 November 2021 the Commission attempted to contact Ms Williams' representative, Donnie Harris of Donnie Harris Law on his nominated telephone number to discuss payment of the required fee as it was not clear who would facilitate payment. The Commission spoke with an employee of Donnie Harris Law requesting a message be passed on and a request for clarification regarding who would be paying the filing fee.

• [4] Later that day, the Commission emailed correspondence to Ms Williams' 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. This correspondence was also sent to Ms Williams' representative.

• [5] On 29 November 2021 the Commission attempted to contact Ms Williams' representative to obtain payment or a completed waiver form. An employee of Donnie Harris Law advised that the applicant would be paying the filing fee. The Commission then attempted to contact Ms Williams but the call was not answered, and a voicemail message was left advising Ms Williams that payment of the required fee was still outstanding.

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

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

(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.

• [8] Section 587(1) of the FW 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 prospect of success.

• [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 will be issued with this decision.

[1] PR736538.

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