s.365 - Application to deal with contraventions involving dismissal

Application to deal with contraventions involving dismissal - unpaid application fee - application is not made in accordance with this Act - application dismissed - s.587(1)(a).

• [1] On 16 September 2025 Mr Jason Maxwell made an application to deal with contraventions involving dismissal under s.365 of the Fair Work Act 2009 (Cth).

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

• [3] Mr Maxwell's 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 Maxwell on 24 September 2025 and 10 October 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. On 15 October 2025 the Commission attempted to contact Mr Maxwell via telephone and left a voicemail reminding him to pay the fee. My Chambers emailed Mr Maxwell on 28 October 2025 advising that the application fee has not been paid and if he does not contact the Commission by 5 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 Maxwell 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 Maxwell's application should be dismissed. I make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mr Jason Maxwell on 16 September 2025 is dismissed.

[1] Section 395 of the Act.

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