s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - unpaid application fee - application is not made in accordance with this Act - application dismissed - s.587(1)(a).

• [1] On 1 September 2025 Mr Bernard Mariadas made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).

• [2] For the reasons that follow I am satisfied that Mr Mariadas' application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

• [3] Mr Mariadas' application was incomplete because he did not pay the required fee[1] or file a completed request to waive the fee.

• [4] Commission staff attempted to contact Mr Mariadas on 9 and 16 September 2025 by email and text message. He was advised that if no response was received, his application may be dismissed because it has not been made in accordance with the Act. The Commission also attempted to contact the Applicant by telephone on 21 October 2025 and left a voicemail asking for him to contact the Commission. My Chambers emailed Mr Mariadas on 27 October 2025 advising that the application fee has not been paid and if he does not contact the Commission by 3 November 2025 his application may be dismissed under s.587(1)(a). No response has been received, the fee has not been paid, and no waiver request has been received.

• [5] Mr Mariadas has been given ample opportunity to rectify the deficiency in the application. He has not responded to multiple enquiries and warnings that his application may be dismissed. I am satisfied that Mr Mariadas' application should be dismissed. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Bernard Mariadas on 1 September 2025 is dismissed.

[1] Section 395 of the Act.

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