the Applicant v Diamond Forge Australia Pty Ltd
Citation: [2026] FWC 2815
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on January 21, 2026. The application was incomplete because he did not pay the required fee or request a waiver. The Commission attempted to contact the Applicant via email and SMS in January 2026, and again in June and July 2026, advising him that his application could be dismissed for non-compliance with the Fair Work Act.
What was decided
The Fair Work Commission Deputy President O’Neill dismissed the Applicant's unfair dismissal application. The Commission found the application was not made according to the Fair Work Act because the Applicant failed to pay the required fee or obtain a waiver, despite repeated attempts by the Commission to contact him and advise of the consequences under section 587(1)(a).
What it means for employers
Employers should be aware that applications must be properly filed and fees paid, or waivers obtained. Failure to do so can lead to dismissal of the application.
What it means for employees
Employees lodging unfair dismissal claims need to ensure they pay the required fee or apply for a fee waiver. The Commission will attempt to contact applicants about outstanding fees, but failure to respond 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 →