Application by Hamza Saleem
[2025] FWC 2506
•26 AUGUST 2025
| [2025] FWC 2506 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.536LU - Application for an unfair deactivation remedy
Application by Hamza Saleem
(UDE2025/102)
| DEPUTY PRESIDENT EASTON | SYDNEY, 26 AUGUST 2025 |
Application for an unfair deactivation remedy – application fee not paid or waived – Application dismissed.
On 6 June 2025 Mr Hamza Saleem made an application regarding unfair deactivation to the Fair Work Commission under s.536LU of the Fair Work Act 2009 (Cth).
Mr Saleem’s application was not made in accordance with the Act (per s.587(1)(a))
because the prescribed fee (per s.536LV) has not been paid or waived.
Section 587 confers a discretion on the Commission to dismiss Mr Saleem’s application if the application is not made in accordance with the Act. Mr Saleem has been given ample opportunity to rectify the deficiency in the application and has also had 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 Saleem’s unfair deactivation claim using the power
available under s.587(1)(a) and make the following order:
The application under s.536LU of the Fair Work Act 2009 (Cth) made by Mr Hamza Saleem on 6 June 2025 is dismissed.
DEPUTY PRESIDENT
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