the Applicant v Darra Carvery Pty Ltd
Citation: [2026] FWC 2983
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on July 9, 2026. The application was not accompanied by the required fee or a fee waiver form. The Commission repeatedly contacted the Applicant via phone and email between July 14 and July 29, 2026, requesting payment or a completed fee waiver form and warning of potential dismissal. She did not respond to these requests.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application under section 587(1)(a) of the Fair Work Act 2009. The Deputy President found she had been given sufficient opportunity to address the outstanding fee but failed to do so. As a result, the application was deemed not made in accordance with the Act.
What it means for employers
Employers should be aware that employees must pay the correct fees or obtain a waiver when lodging applications with the Fair Work Commission. Failure to do so can lead to dismissal of the application.
What it means for employees
Employees need to ensure they pay the required fee or apply for a fee waiver before lodging an application with the Fair Work Commission. The Commission will actively pursue unpaid fees and may dismiss applications if these are not addressed.
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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 →