Blake Kennedy v Access Hire
Citation: [2026] FWC 2133
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on January 20, 2026. The application was made under section 394 of the Fair Work Act 2009. The Commission found that the Applicant’s application did not comply with the requirements of the Act because the required fee had not been paid or waived.
What was decided
The Fair Work Commission dismissed the Applicant's unfair dismissal application. The Commission noted that the Applicant was given opportunities to rectify the deficiency and explain why his application shouldn't be dismissed, but he did not do so. As per section 587 of the Act, the Commission has discretion to dismiss applications not made in accordance with the law.
What it means for employers
Employers should ensure employees are aware of any applicable fees associated with Fair Work Commission applications and understand the requirements for lodging a valid application. This case highlights the importance of adhering to procedural rules when making formal complaints.
What it means for employees
Employees need to be aware that there is a fee payable for unfair dismissal applications, unless they qualify for a waiver. Applications must also meet specific legal requirements to be accepted by the Fair Work Commission. Failure to do so can result in the application being dismissed.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →