Application by Abbey Rose

Case

[2025] FWC 3183

23 OCTOBER 2025


[2025] FWC 3183

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.739—Dispute resolution

Application by Abbey Rose

(C2025/8045)

DEPUTY PRESIDENT EASTON

SYDNEY, 23 OCTOBER 2025

Alleged dispute about any matters arising under the modern award and the NES; [s146] – application dismissed.

  1. On 18 August 2025 Ms Abbey Rose made an application to deal with a dispute to the Fair Work Commission under s.739 of the Fair Work Act 2009 (Cth).

  1. For the reasons that follow I am satisfied that Ms Rose’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

  1. Ms Rose’s application was incomplete because she did not complete important questions relating to the legal basis of her claim.

  1. Commission staff contacted Ms Rose by telephone and email on 20 August 2025 and 25 August 2025.

  1. On 9 September 2025 an email was sent to Ms Rose asking her to provide a completed Form F10 by no later than 11 September 2025. Ms Rose did not reply. Ms Rose has been on notice of the likely consequences of the application remaining incomplete.

  1. Ms Rose has had ample opportunity to rectify the deficiency in the application and also ample opportunity to show why her 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. I have decided to dismiss Ms Rose’s application under s.739 using the power available under s.587(1)(a) and make the following order:

  1. The application under s.739 of the Fair Work Act 2009 (Cth) made by Ms Abbey Rose on 18 August 2025 is dismissed.

DEPUTY PRESIDENT

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