Application by Francesca Newman-Evans
[2024] FWC 3421
•6 DECEMBER 2024
| [2024] FWC 3421 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.365—General protections
Application by Francesca Newman-Evans
(C2024/7476)
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 DECEMBER 2024 |
Application to deal with contraventions involving dismissal – application dismissed.
On 18 October 2024 Mrs Newman-Evans made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).
Mrs Newman-Evans’ application was incomplete because she did not pay the required fee or file a completed request to waive the fee.
Commission staff contacted Mrs Newman-Evans on the following dates:
· 22 October 2024 by telephone and email; and
· 12 November 2024 by telephone.
Mrs Newman-Evans was advised that she must pay the filing fee or apply for a waiver if she wished to proceed with the application. Mrs Newman-Evans was also warned that the application could be dismissed if the filing fee was not paid by 13 November 2024.
To date there has been no response from Mrs Newman-Evans, no fee paid and no completed waiver request received.
Mrs Newman-Evans’ 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 Mrs Newman-Evans’ application.
Mrs Newman-Evans 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.
I have decided to dismiss Mrs Newman-Evans’ 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 Mrs Francesca Newman-Evans on 18 October 2024 is dismissed.
DEPUTY PRESIDENT
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