Application by Julie Wynne

[2024] FWC 3122

[2024] FWC 3122

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.365—General protections

Application by Julie Wynne

(C2024/6203)

DEPUTY PRESIDENT EASTON SYDNEY, 12 NOVEMBER 2024

Application to deal with contraventions involving dismissal – incomplete application – application is not made in accordance with the Act – application dismissed

1. On 29 August 2024 Mrs Julie Wynne made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Mrs Wynne’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. The application form filed by Mrs Wynne was incomplete because it did not include the employer’s details.

1. Commission staff attempted to contact Mrs Wynne on 5 September 2024 and 18 September 2024 by telephone. Mrs Wynne has been on notice of the likely consequences of her application remaining incomplete.

1. No response has been received from Mrs Wynne.

1. Section 587 of the Act provides as follows:

“587  Dismissing applications

(1)   Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

…

(3)   The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Mrs Wynne’s application was not made in accordance with the Act (per s.587(1)(a)) because the application was incomplete. Section 587 confers a discretion on the Commission to dismiss the application.

1. I am satisfied that Mrs Wynne has had the opportunity to put her case for consideration on all matters material to the making of the decision to dismiss her application under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). Mrs Wynne has been given ample opportunity to rectify the deficiency in her application however the Commission’s inquiries and warnings have been ignored.

1. I have decided to dismiss Mrs Wynne’s general protections claim using the power available under s.587(1)(a) and make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mrs Julie Wynne on 29 August 2024 is dismissed.

DEPUTY PRESIDENT

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