the Applicant v Digga Australia Pty Ltd
Citation: [2026] FWC 3024
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an application with the Fair Work Commission on July 12, 2026, alleging contraventions involving dismissal. The application was filed under section 365 of the Fair Work Act 2009. However, the required application fee wasn't paid or waived. The Commission repeatedly notified the Applicant about the outstanding fee via SMS and email, providing opportunities for payment or a fee waiver until July 31, 2026. He did not respond to these notifications.
What was decided
The Fair Work Commission dismissed the Applicant’s application due to non-payment of the required application fee. Deputy President Beaumont found the Applicant had been given sufficient opportunity to address the outstanding fee and rectify the situation. The Commission has discretion under section 587(1)(a) of the Act to dismiss applications not made in accordance with the Act, which was exercised here. The application was formally dismissed.
What it means for employers
This case highlights the importance of ensuring employees follow correct procedures when lodging claims with the Fair Work Commission. Employers should be aware that failure to pay applicable fees can lead to dismissal of an application, regardless of the underlying claim’s merit.
What it means for employees
Employees need to understand and comply with all requirements for filing applications with the Fair Work Commission, including paying the required fee or obtaining a waiver. Failure to do so may result in the application being dismissed.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3024.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →