Enforcing a FWC Decision or recover unpaid wages – Part IV

Hi, welcome to Tips Tuesday. My name is Melanie Thorley, and this is part 4 of ‘how to enforce a decision from the Fair Work Commission’. Now today, we’ve got … we know that we have the forms of … you’ve got your forms, so you’ve filled in your application, you’ve filled in your form 5, but now what do you do with it? We’re just going to start with the Google page again, and we’re just going to quickly type in ‘federal circuit courts’. Click on that. I’m going to go to the federal circuit court home. Now, the way you file in the Federal Circuit Court, is online. Now, if you don’t have access to the internet at home, then the better way of filing is to go down to your local community center, or go to your library and go online there and file your forms online.

Of course, once you’ve got your forms signed, and witnessed if necessary, the next thing you need to do is scan those forms to a PDF, to put them into electronic form so you can file them. Once you’ve got those forms in a PDF style, we’ll go up here to online services, and we’re going to scroll down to e-lodgement. Going to click on that. Now, here it talks about how to do e-lodgement. One of the things it’s asking you to do is to register, and then also use the checklist. So we’re going to scroll down to the checklist here, and it says “before you begin, ensure that-” Now, it says you’ve been requested by the registrar to enter into that area. You haven’t, obviously, but this is a way for you to file your application, and they don’t generally take it over the counter.

Okay, so you’ve chosen and completed the forms, now we have, we’ve chosen the application, and we’ve chosen the form 5. You’ve got all the forms on hand in electronic format, now I’ve suggested a PDF, and all those electronic formats are less than 30 megabytes. If there’s a fee payable, and remember I said for matters that were in the small claims court for less than a thousand, it’s $210 to file, and anything between 10 and 20 thousand is $345 to file, at the moment. So, make sure you’ve got a credit card on hand, and if you got eligible for an extension, you can look at that too.

So we’re going to go straight in, and we’re going to go to register. Okay, so we’re going to use register now, and we’re going to be a self represented litigant. Now this is where you get to put in all the things that you need to put in. So you’re going to put in who you are, your first name, your last name, whether it’s a home or business address, and then you’re going to put your address in. If you’re using a P.O. box, this is your chance to put that in, and of course if you hover over these, then you can get a little bit of more information about what they’re looking for.

Okay, so if it’s a business mobile or a home mobile, then you put your things in here, and you put your username and password, your e-mail address, and a security question. That’s the way you register to be able to e-lodge. If you have any problems, you can call them, they are very, very approachable. Let me just see if I can bring up that phone number. Okay, so in the Federal Circuit Court website, we’ve got ‘find us’, I’m going to click on Queensland, and Brisbane, and here is the number that you call. So you call between 8:30 and 5PM, and they will be able to walk you through how to file those forms, and how to pay.

Thank you for watching, hopefully that’s been helpful to you. Next week we’re going to learn about how to serve those documents.