Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application fee not paid or waived - application not made in accordance with the Act - application dismissed.

• [1] On 14 February 2025, Mr Shaun Boland made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

• [2] The application filed by Mr Boland was incomplete insofar as the application fee was not paid or waived.

• [3] Commission staff attempted to contact Mr Boland on 18 February, 21 February, 26 February, 5 March, 12 March, 13 March, 18 March and 19 March 2025 by telephone, SMS and email.

• [4] Section 587 confers a discretion on the Commission to dismiss an application if it has not been made in accordance with the Act. Mr Boland has had ample opportunity to pay the application fee or apply for a waiver, and also to show why his application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]- [16] and the cases cited therein).

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Shaun Boland on 14 February 2025 is dismissed.

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