the Applicant v Milburn Lake Pty. Ltd.
Citation: [2026] FWC 2893
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on December 12, 2025. The application was incomplete and the required fee was not paid, nor was a fee waiver requested. Commission staff attempted to contact him via email, SMS, and telephone multiple times between December 2025 and July 2026, requesting payment and a completed form. Chambers also sent further advice regarding the status of his application. the Applicant did not respond to these attempts.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant's unfair dismissal application (U2025/19680). The Commission found that the application was not made in accordance with the Fair Work Act 2009 because it remained incomplete and unpaid, despite multiple attempts to contact him. As stated by the Deputy President, 'the Applicant has been given ample opportunity to rectify the deficiencies in the application and he has not responded'.
What it means for employers
This case highlights the importance of employees completing applications correctly and paying fees or applying for waivers. Employers should be aware that incomplete or unpaid applications can lead to dismissal.
What it means for employees
Employees must ensure their Fair Work applications are complete, include payment or a fee waiver request, and respond to communications from the Commission. 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 →