the Applicant v ISS Property Services P/L
Citation: [2026] FWC 2677
At a glance
- Employees affected
- 1
What happened
The Applicant lodged an unfair dismissal application with the Fair Work Commission on June 11, 2026. The application was not made correctly because the required fee wasn't paid or a waiver obtained. The Commission repeatedly contacted the Applicant via phone, SMS and email to request payment or a completed fee waiver form, setting deadlines for response. Despite these attempts, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Beaumont found that the Applicant had been given sufficient opportunity to rectify the outstanding fee but failed to do so. The Commission has the power under section 587 of the Fair Work Act to dismiss applications not made in accordance with the Act, and this power was exercised here.
What it means for employers
Employers should be aware that employees must properly lodge applications with the Fair Work Commission, including paying fees or obtaining waivers. Failure to do so can result in the application being dismissed without consideration of the underlying claim.
What it means for employees
Employees seeking to make an unfair dismissal or other workplace claim with the Fair Work Commission need to ensure they follow all procedural requirements, including paying the required fee or applying for a fee waiver. Ignoring requests from the Commission regarding these matters can 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