Application by Emma Goodwin Summary

[2025] FWC 2261

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.739—Dispute resolution

Application by Emma Goodwin

(C2025/5917)

DEPUTY PRESIDENT EASTON

SYDNEY, 1 AUGUST 2025

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)] – application incomplete – application dismissed.

On 24 June 2025 Ms Emma Goodwin 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 Goodwin’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

Ms Goodwin’s application was incomplete because she did not complete important questions relating to the legal basis of her claim.

Commission staff contacted Ms Goodwin on 27 June 2025 by telephone and email, and 2 July 2025 by telephone and email.

On 17 July 2025 an email was sent to Ms Goodwin asking her to provide a completed Form F10 by no later than 21 July 2025. Over the course of a number of emails with my Chambers, Ms Goodwin has been on notice of the likely consequences of the application remaining incomplete.

Ms Goodwin 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 Goodwin’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 Emma Goodwin on 24 June 2025 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, presided over by Deputy President Easton, heard an application from Emma Goodwin, who sought to resolve a dispute under section 739 of the Fair Work Act 2009. The application was dismissed as incomplete, as Ms Goodwin failed to address critical questions regarding the legal basis of her claim. This decision follows several communications from the Commission, including attempts to contact Ms Goodwin via telephone and email, requesting the completion of Form F10 by a specified deadline. Despite being notified of the potential consequences of an incomplete application, Ms Goodwin did not rectify the deficiencies and failed to demonstrate why the application should not be dismissed.

The primary legal issue the court addressed was whether Ms Goodwin's application was adequately completed to warrant further consideration. The court referenced Bond v Carbridge Pty Ltd T/A Carbridge, which outlines the consequences of incomplete applications and the criteria for dismissal. By failing to provide the necessary information, Ms Goodwin's application did not meet the requirements set out in the Fair Work Act 2009, leading to its dismissal. The court considered the various communications and opportunities provided to Ms Goodwin to complete her application and concluded that her failure to do so justified dismissal under section 587(1)(a) of the Act.

Deputy President Easton dismissed Ms Goodwin's application, noting the procedural deficiencies and the lack of substantive information needed to proceed. The court's decision emphasized the importance of completing all required sections of an application to ensure it is actionable under the Fair Work Act 2009. Ms Goodwin's repeated failure to address the incomplete sections, despite ample opportunity and notice, led to the dismissal of her application. The final order stated that the application made by Ms Emma Goodwin on 24 June 2025 is dismissed, and no further action will be taken on the incomplete application.

Application by Emma Goodwin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established