Application by Caitlin Cowan
[2025] FWC 3184
•23 OCTOBER 2025
| [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
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