Fair Work Act 2009

s.394 - Unfair dismissal

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 30 June 2025 Mr Patrick Warren 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 Warren's application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

• [3] Mr Warren'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 Warren on 9 and 24 July 2025, by email. On 1 August 2025, the Commission called Mr Warren's representative and left a voicemail with a final reminder. Mr Warren's representative was advised that if no response was received, his application may be dismissed under s.587(1)(a) of the Act because it has not been made in accordance with the Act. My Chambers also attempted to call the Applicant on 5 August 2025. No response has been received, the fee has not been paid, and no waiver request has been received.

• [5] Mr Warren 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 Warren's 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 Patrick Warren on 30 June 2025 is dismissed.

[1] Section 395 of the Act.

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