the Applicant v Prosperity Painting Pty Ltd & the Respondent
Citation: [2026] FWC 2728
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an application with the Fair Work Commission on June 10, 2026, alleging contraventions involving dismissal 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 a waiver obtained. The Commission repeatedly contacted the Applicant by phone and email to request completion of the fee waiver form or payment of the fee, setting deadlines which were missed. Despite these attempts, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s application under section 587(1)(a) of the Fair Work Act. The Deputy President found that the Applicant had been given sufficient opportunity to address the outstanding fee or waiver but failed to do so. The Commission has discretion to dismiss applications not made in accordance with the Act, and this power was exercised here. The application is dismissed.
What it means for employers
This case highlights the importance of ensuring employees follow proper procedures when lodging claims with the Fair Work Commission. Employers should be aware that failure to comply with procedural requirements can lead to dismissal of applications, regardless of the merits of the underlying claim.
What it means for employees
Employees need to ensure they meet all requirements for lodging an application with the Fair Work Commission, including paying fees or obtaining a fee waiver. Ignoring requests from the Commission regarding these matters 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 →