Application by Abbey Rose

Case [2025] FWC 3183
[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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Details
AGLC
Application by Abbey Rose [2025] FWC 3183
Case
[2025] FWC 3183
Decision Date

CaseChat Overview and Summary

Abbey Rose filed an application under section 739 of the Fair Work Act 2009 (Cth) with the Fair Work Commission on 18 August 2025, seeking resolution of a dispute. Deputy President Easton of the Fair Work Commission in Sydney was tasked with assessing the application. The core issue was whether Ms Rose's application complied with the statutory requirements and whether it could be dismissed for being incomplete.

The court had to determine whether Ms Rose's application sufficiently complied with the requirements of the Fair Work Act 2009. A significant part of the application involved Ms Rose failing to complete critical questions related to the legal basis of her claim. Despite multiple communications from Commission staff, Ms Rose did not provide the requested information, nor did she respond to the directive to complete the required form by the specified deadline. The court considered that Ms Rose was aware of the potential consequences of leaving the application incomplete and had sufficient opportunity to rectify the deficiency. The court also referenced previous cases to support its decision, particularly Bond v Carbridge Pty Ltd T/A Carbridge, where similar issues were addressed.

After considering all the circumstances, Deputy President Easton decided to dismiss Ms Rose's application under section 739 of the Fair Work Act 2009, utilising the power available under section 587(1)(a). The formal order made was that the application made by Ms Abbey Rose on 18 August 2025 is dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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