Application by the Applicant
What happened
The Applicant lodged a general protections application with the Fair Work Commission on 21 July 2026, concerning a dismissal. The application was incomplete, lacking the required fee or a completed fee waiver request. The Commission attempted to contact the Applicant via email and SMS to address the deficiency. He was warned that the application could be dismissed if the issue wasn't resolved by 25 August 2026. The Applicant did not respond to these communications or rectify the application’s issues.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s application under section 365 of the Fair Work Act 2009. The Commission found the application was not made in accordance with the Act, as the Applicant failed to pay the required fee or address the fee waiver request. He did not respond to multiple attempts by the Commission to contact him. The Commission considered he had sufficient opportunity to correct the application’s deficiencies.
What it means for employers
Employers should ensure employees understand the requirements for lodging applications with the Fair Work Commission, including fee payment or a valid fee waiver. Clear communication and timely follow-up regarding incomplete applications are important.
What it means for employees
Employees need to ensure any application lodged with the Fair Work Commission is complete, including payment of the required fee or a properly completed fee waiver request. Respond promptly to communications from the Commission regarding your application.
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