9Telephone applications

#### 9 Telephone applications (1) This rule applies to a person wanting to: (a) make an application under section 365 of the Act to the Commission; or (b) make an unfair dismissal application to the Commission. (2) The person may, as an alternative to lodging the application in the approved form, make the application by telephone to a telephone number approved for that purpose by the General Manager. > Note: The telephone numbers approved by the General Manager for making a telephone application are available at www.fwc.gov.au. (3) The Commission must prepare a written application for the person, based on the telephone application, and give the written application to the person. (4) The person must, within 14 calendar days after the day on which the Commission gives the written application to the person, complete and sign the written application and lodge it with the Commission and: (a) pay: (i) for an application under section 365 of the Act—the fee mentioned in regulation 3.02 of the Regulations; or (ii) for an application under section 394 of the Act—the fee mentioned in regulation 3.07 of the Regulations; or (b) apply for a waiver of the fee. (5) If the person applies for a waiver, and the Commission refuses that application, the person must pay the application fee within 7 calendar days of being notified of the refusal by the Commission. (6) If: (a) either: (i) the person pays the application fee; or (ii) the Commission approves a fee waiver; and (b) the person completes and signs the written application and lodges it with the Commission; the application is taken to have been made on the day that the person telephones the Commission to make the application in accordance with subrule (2). (7) The process of telephoning the Commission in accordance with subrule (2), and lodging the completed and signed written application, are taken to be the application.