the Applicant v Guma Pty Ltd
Citation: [2026] FWC 2652
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on June 3, 2026. The application was not made in accordance with the Act because the required fee wasn't paid or a waiver obtained. The Commission repeatedly notified the Applicant about the outstanding fee via phone, SMS and email, providing opportunities to pay or submit a completed fee waiver form. Despite these notifications, she did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application under section 587(1)(a) of the Fair Work Act 2009. The Deputy President found the Applicant had sufficient opportunity to address the outstanding fee, but failed to do so. As such, the application was deemed not made in accordance with the Act and dismissed.
What it means for employers
Employers should be aware that applicants must comply with procedural requirements when lodging applications with the Fair Work Commission, including paying fees or obtaining waivers. Failure to do so can result in dismissal of the application.
What it means for employees
Employees seeking to make an unfair dismissal claim need to ensure they follow all procedures outlined by the Fair Work Commission, including payment of the required fee or a valid waiver. Ignoring notifications regarding outstanding fees may lead to 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 →