Application by Eunice Moller
[2025] FWC 846
•26 MARCH 2025
| [2025] FWC 846 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.365—General protections
Application by Eunice Moller
(C2025/879)
| DEPUTY PRESIDENT EASTON | SYDNEY, 26 MARCH 2025 |
Application to deal with contraventions involving dismissal – application fee not paid or waived – application not made in accordance with the Act – application dismissed.
On 6 February 2025 Ms Eunice Moller made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).
Ms Moller’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.
Section 587 confers a discretion on the Commission to dismiss Ms Moller’s application if the application is not made in accordance with the Act. Ms Moller 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 Moller’s general protections claim using the power available under s.587(1)(a) and make the following order:
The application under s.365 of the Fair Work Act 2009 (Cth) made by Ms Eunice Moller on 6 February 2025 is dismissed.
DEPUTY PRESIDENT
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