the Applicant v Inghams Enterprises Pty. Limited
Citation: [2026] FWC 2727
What happened
the Applicant lodged an application with the Fair Work Commission on June 29, 2026, alleging contraventions involving dismissal. The application was not accompanied by the required fee or a fee waiver. The Commission repeatedly contacted the Applicant via SMS and email, requesting payment or a completed fee waiver form, warning that failure to respond could result in dismissal. Despite these reminders, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s application under section 365 of the Fair Work Act 2009. The Deputy President found the Applicant had been given sufficient opportunity to address the outstanding fee and warnings were disregarded. As per section 587(1)(a) of the Act, the application was deemed dismissible due to non-compliance with procedural requirements regarding fees.
What it means for employers
This case highlights the importance of adhering to Fair Work Commission procedures when lodging applications. Employers should be aware that failure to pay required fees or provide a fee waiver can lead to an application being dismissed, regardless of the merits of the underlying claim.
What it means for employees
Employees must ensure they comply with all procedural requirements when making an application to the Fair Work Commission, including paying the prescribed fee or obtaining a fee waiver. Failure to do so may 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 →