Application by Darshan Singh
[2025] FWC 86
•10 JANUARY 2025
| [2025] FWC 86 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Application by Darshan Singh
(C2024/8406)
| DEPUTY PRESIDENT BEAUMONT | PERTH, 10 JANUARY 2025 |
Application to deal with other contraventions dispute – application dismissed.
On 21 November 2024, Mr Darshan Singh made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth) (the Act).
Mr Singh’s application was not made in accordance with the Act (per s.587(1)(a) of the Act) because the prescribed fee (per s.373) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Singh’s application.
Mr Singh 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).
Pursuant to s.587(3)(a), I have decided to dismiss Mr Singh’s general protections application on the basis that it has not been made in accordance with the Act as provided under s.587(1)(a). I therefore make the following order:
The application under s.372 of the Fair Work Act 2009 (Cth) made by Mr Darshan Singh on 21 November 2024 is dismissed.
DEPUTY PRESIDENT
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