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 30 September 2025 Mrs Romalyn Simplina 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 Mrs Simplina's application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

• [3] Mrs Simplina's application was incomplete because she did not pay the required fee[1] or file a completed request to waive the fee.

• [4] Commission staff attempted to contact Mrs Simplina on 8 and 13 October 2025, by email. She was advised that if no response was received, her application may be dismissed because it has not been made in accordance with the Act. My Chambers emailed Mrs Simplina on 27 October 2025 advising that the application fee has not been paid and if she does not contact the Commission by 3 November 2025 her 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] Mrs Simplina has been given ample opportunity to rectify the deficiency in the application. She has not responded to multiple enquiries and warnings that her application may be dismissed. I am satisfied that Mrs Simplina'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 Mrs Romalyn Simplina on 30 September 2025 is dismissed.

[1] Section 395 of the Act.

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