s.365 - Application to deal with contraventions involving dismissal

Application to deal with contraventions involving dismissal -application fee not paid or waived - application not made in accordance with the Act - application dismissed

[1] On 19 February 2026, Yasmin McInally (the Applicant) made a general protections application (the Application) to the Fair Work Commission under s365 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Application was not made in accordance with the Act (per s 587(1)(a)) because the prescribed fee (see s 367 of the Act) has not been paid or waived.

[3] On 24 February 2026, Commission staff contacted the Applicant directing that the Application fee was to be paid or a fee waiver form completed. The Applicant was instructed to provide a response by 3 March 2026, and informed that if the Commission did not receive a response in that timeframe, it was likely the Application would be dismissed without further notice.

[4] On 3 March 2026, Commission staff contacted the Applicant to remind them to pay the Application fee or apply to have the fee waived. The Applicant was advised that the Application may be dismissed if the Application fee was not paid or a fee waiver was received.

[5] The Applicant has not responded to the Commission's correspondence of 24 February 2026 or 3 March 2026 in respect of the outstanding Application fee.

[6] Section 587 of the Act confers a discretion on the Commission to dismiss the Application. I am satisfied that the Applicant has had the opportunity to put forward a case for consideration on all matters material to the making of the decision to dismiss the Application under s 587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]- [16] and the cases cited therein). The Applicant has been given ample opportunity to rectify the deficiency in the Application however the Commission's enquiries and warnings have been ignored.

[7] I have decided to dismiss the Application using the power available under s 587(1)(a) and make the following order:

A. The Application under s 365 of the Fair Work Act 2009 (Cth) made by Yasmin McInally on 19 February 2026 is dismissed.

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