Alicia Clemie v PETstock Pty Ltd [2021] FWC 50

1 Fair Work Act 2009 s.394—Unfair dismissal Alicia Clemie v PETstock Pty Ltd (U2020/15897) COMMISSIONER BISSETT MELBOURNE, 6 JANUARY 2021 Application for an unfair dismissal remedy. [1] On 11 December 2020 Mrs Alicia Clemie 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 Mrs Clemie did not pay the required fee or file a completed waiver form. [3] On 14 December 2020 the Commission attempted to contact Mrs Clemie on her nominated telephone number to discuss payment of the required fee, however Mrs Clemie did not answer the call. A voicemail message was left requesting Mrs Clemie to contact the Commission. [4] Later that day the Commission emailed correspondence to Mrs Clemie’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 not received within 14 days, the application may be dismissed. [5] On 31 December 2020, the Commission made a final attempt to contact Mrs Clemie to obtain payment or a completed waiver form. The call was not answered and a voicemail message was left advising Mrs Clemie that payment of the required fee was still outstanding. [6] Section 395 of the FW Act, which deals with application fees, provides as follows: 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: [2021] FWC 50 DECISION -- 1 of 2 -- [2021] FWC 50 2 (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. [7] Section 587(1) of the FW 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 prospect of success. [8] To date there has been no response from Mrs Clemie, the required fee has not been paid and a completed waiver form has not been received. [9] Having regard to the circumstances of this matter, I am satisfied that 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 Order1 to this effect will be issued shortly. COMMISSIONER <PR726002> Endnote: 1 PR726003. -- 2 of 2 --