Application by Caitlin Cowan

[2025] FWC 3184

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.739—Dispute resolution

Application by Caitlin Cowan

(C2025/9161)

DEPUTY PRESIDENT EASTON

SYDNEY, 23 OCTOBER 2025

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

On 18 September 2025 Ms Caitlin Cowan made an application to deal with a dispute to the Fair Work Commission under s.739 of the Fair Work Act 2009 (Cth).

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

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

Commission staff contacted Ms Cowan by telephone and email on 29 September 2025 and 30 September 2025.

On 3 October 2025 an email was sent to Ms Cowan asking her to provide a completed Form F10 by no later than 10 October 2025 including information about where and how to find which fair work instrument covered her and noting that the Commission could not enforce underpayment claims where statutory or contractual entitlements have not been paid. Ms Cowan requested an extension of time to comply however did not specify a time period. An extension of time was granted until 13 October 2025 for Ms Cowan to provide a completed Form F10. Ms Cowan has been on notice of the likely consequences of the application remaining incomplete.

Ms Cowan 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).

I have decided to dismiss Ms Cowan’s application under s.739 using the power available under s.587(1)(a) and make the following order:

The application under s.739 of the Fair Work Act 2009 (Cth) made by Ms Caitlin Cowan’s on 18 September 2025 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caitlin Cowan filed an application with the Fair Work Commission, seeking resolution of a dispute under the Fair Work Act 2009. The application was incomplete because Ms Cowan failed to provide necessary information about the legal basis of her claim, specifically details about the relevant fair work instruments that applied to her case. This omission rendered the application insufficient for the Commission to proceed with any substantive consideration. The Deputy President of the Fair Work Commission, Easton, was tasked with determining whether the application could be dismissed due to its incompleteness, and if so, whether it was appropriate to do so.

The central legal issue in this case was whether Ms Cowan's incomplete application warranted dismissal under section 587 of the Fair Work Act. Section 587(1)(a) empowers the Commission to dismiss an application if it is not made in accordance with the Act or the rules. The Court needed to assess whether Ms Cowan's failure to provide critical information about her claim's legal basis constituted a non-compliance that justified dismissal. Additionally, the Court had to consider whether any extensions of time provided to Ms Cowan to rectify the deficiencies in her application were sufficient and whether any further delay would be justified.

The Deputy President, Easton, found that Ms Cowan's application was indeed incomplete due to her failure to answer key questions about the legal basis of her claim. Despite multiple contacts from Commission staff, who provided Ms Cowan with an opportunity to correct the deficiencies, she did not provide the necessary information. Ms Cowan was also aware of the potential consequences of her incomplete application. The Court determined that the application did not comply with the requirements of the Act, and therefore, it was appropriate to dismiss the application under section 587(1)(a) of the Fair Work Act. Consequently, the application made by Ms Caitlin Cowan on 18 September 2025 was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established