s.365 - General protections

Application to deal with contraventions involving dismissal - dismissal under s.587(1)(a) at the Commission's initiative.

• [1] Ms Samantha Ellis lodged a general protections application under s.365 of the Fair Work Act 2009 (Cth) on 29 January 2025.

• [2] The application was incomplete because Ms Ellis neither paid, nor applied for a waiver of, the prescribed application fee.

• [3] On 30 January 2025, an employee of the Commission called and spoke to Ms Ellis and told her that her application was incomplete and she was to submit a completed application for a waiver of the fee. Ms Ellis asked that she be sent an email setting out what she needed to do.

• [4] Shortly after the call Ms Ellis was emailed and advised that her application was incomplete, and that she needed to send either a completed application for a fee waiver or pay the application fee within 14 days. A blank fee waiver application form was attached. An SMS request for payment was also sent to Ms Ellis that day.

• [5] On 11 February 2025, an employee of the Commission again called and spoke to Ms Ellis. Ms Ellis said that she would sign and send back the application for a fee waiver. Ms Ellis was advised that a signed waiver form was required by 13 February 2025. On 12 February 2025 a further copy of the fee waiver application form was emailed to Ms Ellis's nominated email address.

• [6] On 24 February 2025, another attempt was made to call Ms Ellis. The call was not answered, and a voicemail left requesting that she contact the Commission.

• [7] On 25 February 2025, a further email was sent to Ms Ellis requesting her to lodge a completed fee waiver application by Thursday, 27 February 2025 and informing her that her application may otherwise be dismissed.

• [8] On 27 February 2025, a further phone call to Ms Ellis was not answered, and a voicemail message was left asking her to contact the Commission and warning her that her application may be dismissed.

• [9] To date, there has been no further response from Ms Ellis, the required fee has not been paid nor has an application for a waiver been received.

• [10] Despite many requests, Ms Ellis has neither paid the prescribed application fee nor applied for it to be waived. I am satisfied that the application has not been made in accordance with the Act and that it is appropriate in all the circumstances to dismiss the application pursuant to s587(1)(a) of the Act. An order[1] to this effect will be issued with this decision.

[1] PR785321.

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