Application by Charmaine Connie Axiaq

[2025] FWC 57

[2025] FWC 57

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.365—General protections

Application by Charmaine Connie Axiaq

(C2024/8066)

DEPUTY PRESIDENT BEAUMONT PERTH, 7 JANUARY 2025

Application to deal with contraventions involving dismissal – application dismissed.

1. On 13 November 2024, Ms Charmaine Connie Axiaq made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth) (the Act).

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

1. Section 367 of the Act is in the following terms:

“367      Application fees

(1)    The application must be accompanied by any fee prescribed by the regulations.

(2)    The regulations may prescribe:

(a)a fee for making an application to the FWC under section 365; and

(b)a method for indexing the fee; and

(c)the circumstances in which all or part of the fee may be waived or refunded.”

1. Ms Axiaq’s application was incomplete because she did not complete Section 1 of the application form, and did not pay the required fee or file a completed request to waive the fee.

1. Commission staff contacted Ms Axiaq on the following dates:

   ·  13 November 2024 by email;

   ·  22 November 2024 by telephone;

   ·  28 November 2024 by telephone;

   ·  10 December 2024 by telephone; and

   ·  31 December 2024 by email.

1. On 31 December 2024, Ms Axiaq was advised that she must file a completed Form F8 and pay the filing fee, or apply for a waiver, if she wished to proceed with the application. Ms Axiaq was also warned that the application could be dismissed if she did not respond by 3 January 2025.

1. To date, there has been no response from Ms Axiaq, no fee paid, and no completed waiver request received.

1. Section 587 of the Act includes the following provisions:

“587  Dismissing applications

(1)   Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a)   the application is not made in accordance with this Act; or

(b)   the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

…

(3) The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Ms Axiaq’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.367) has not been paid or waived and Section 1 was incomplete. Section 587 confers a discretion on the Commission to dismiss Ms Axiaq’s application.

1. Ms Axiaq has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). The Commission’s inquiries and warnings have largely been ignored.

1. I have decided to dismiss Ms Axiaq’s general protections claim using the power available under s.587(1)(a) and make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Ms Charmaine Connie Axiaq on 13 November 2024 is dismissed.

DEPUTY PRESIDENT

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