Application by Hilary Bennett
[2025] FWC 1964
•9 JULY 2025
| [2025] FWC 1964 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.365—General protections
Application by Hilary Bennett
(C2025/3451)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 JULY 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 27 April 2025 Mr Hilary Bennett made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).
Mr Bennett’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 Mr Bennett’s application if the application is not made in accordance with the Act. Mr Bennett 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 Bennett’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 Mr Hilary Bennett on 27 April 2025 is dismissed
DEPUTY PRESIDENT
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