Application by David Porra
[2025] FWC 844
•26 MARCH 2025
| [2025] FWC 844 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Application by David Porra
(C2025/839)
| DEPUTY PRESIDENT EASTON | SYDNEY, 26 MARCH 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 1 February 2025 Mr David Porra made a general protections application under s.372 of the Fair Work Act 2009 (Cth).
Mr Porra’s 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 Mr Porra’s application without conducting a hearing, so long as the applicant has been afforded procedural fairness.
Mr Porra has had ample opportunity to rectify the deficiency in the application and also ample opportunity to show why his 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 Mr Porra’s 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 Mr David Porra on 1 February 2025 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR785561>
0