Application by Carmen Waters
[2025] FWC 1963
•9 JULY 2025
| [2025] FWC 1963 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Application by Carmen Waters
(C2025/3423)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 JULY 2025 |
Application to deal with contraventions not involving dismissal – application fee not paid or waived – application not made in accordance with the Act – application dismissed.
On 28 April 2025 Ms Carmen Waters made a general protections application to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Ms Waters’ application was not made in accordance with the Act (per s.587(1)(a))
because the prescribed fee (per s.373) has not been paid or waived. Section 587(1)(a) allows the Commission to dismiss Ms Waters’ application without conducting a hearing, so long as the applicant has been afforded procedural fairness.
Ms Waters has been given ample opportunity to rectify the deficiency in the application and has also had 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 Waters’ general protections claim using the power available under s.587(1)(a) and make the following order:
The application under s.372 of the Fair Work Act 2009 (Cth) made by Ms Carmen Waters on 28 April 2025 is dismissed
DEPUTY PRESIDENT
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