Application by the Applicant
Citation: [2026] FWC 3048
At a glance
- Employees affected
- 1
What happened
The Applicant lodged an application for an unfair deactivation remedy with the Fair Work Commission on July 14, 2026. The application was incomplete and the required fee wasn’t paid or waived. The Commission attempted to contact her via email on multiple occasions to request payment and a completed form, warning that dismissal was likely if these issues weren’t resolved within seven days. Chambers also sent a notification on August 3, 2026. The Applicant did not respond to any of the Commission's attempts at communication.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s application for an unfair deactivation remedy. The Commission found that the application wasn't made in accordance with the Fair Work Act 2009 because it was incomplete and lacked payment or a fee waiver. Multiple attempts were made to contact the Applicant, providing warnings about potential dismissal if deficiencies weren’t addressed. As she didn’t respond, the Deputy President ordered the application be dismissed.
What it means for employers
Employers should ensure employees understand Fair Work processes when lodging applications. This includes payment of fees or seeking waivers and completing forms correctly. Clear communication regarding requirements and consequences for non-compliance is essential to avoid similar situations.
What it means for employees
Employees need to carefully complete all application forms and pay the required fee, or apply for a fee waiver. Respond promptly to any requests from the Fair Work Commission for further information or clarification. Failure to do so 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 →