the Applicant v Anytime Pty Ltd
Citation: [2026] FWC 2626
What happened
the Applicant lodged an application with the Fair Work Commission on May 20, 2026, seeking to address a dismissal matter under section 365 of the Fair Work Act. The application was not made in accordance with the Act because the required fee wasn't paid or waived. The Commission repeatedly notified the Applicant about the incomplete fee waiver form and outstanding fee, providing deadlines for payment or completion. Despite these notifications via email and SMS, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s application due to non-compliance with procedural requirements regarding fees. Deputy President Beaumont found that the Applicant had sufficient opportunity to rectify the issue but failed to do so. The Commission exercised its discretion under section 587(1)(a) of the Fair Work Act to dismiss the application, stating it was disregarded despite multiple notifications. As stated in the decision, 'The Application under s 365 of the Fair Work Act 2009 (Cth) made by the Applicant on 20 May 2026 is dismissed.'
What it means for employers
This case highlights the importance of following proper procedures when lodging applications with the Fair Work Commission. Employers should be aware that failure to pay or obtain a waiver for application fees can lead to dismissal of the claim, regardless of the merits.
What it means for employees
Employees need to ensure they comply with all procedural requirements and payment obligations when making an application to the Fair Work Commission. Ignoring notifications regarding outstanding fees or incomplete forms can result in your 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 →