Western Australian Industrial Relations Commission

Application dismissed: agent did not pay filing fee in time

The Commission has ordered that an application not be formally filed by the Registrar after the applicant’s agent, Unfair Dismissals Direct, did not pay the filing fee in time and provided no adequate explanation for this.

Chief Commissioner Scott recorded her concern that although industrial agents may receive the benefit of registration under the Industrial Relations Act 1979 (WA), there is no scheme in place for the supervision of these agents once they are registered or to deal with any whose registration ought to be subject to scrutiny and possibly cancelled.

Scott CC determined that the lack of communication and poor systems within Unfair Dismissals Direct had caused them to fail in their duty to their client. Scott CC found that the applicant was bound by the conduct of their agent and held that the application should not be accepted for filing because the explanation provided for the failure to pay the filing fee did not withstand scrutiny.

The decision can be read here.

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