Application by Karen Williams
[2024] FWC 3420
•6 DECEMBER 2024
| [2024] FWC 3420 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.365—General protections
Application by Karen Williams
(C2024/7465)
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 DECEMBER 2024 |
Application to deal with contraventions involving dismissal – application dismissed.
On 17 October 2024 Ms Karen Williams made an general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).
Ms Williams’ application was incomplete because she did not complete questions 1.3 and 1.4 and she did not pay the required fee or file a completed request to waive the fee.
Commission staff contacted Ms Williams on the following dates:
· 22 October 2024 by telephone and email; and
· 12 November 2024 by telephone.
Ms Williams was advised that she must pay the filing fee or apply for a waiver if she wished to proceed with the application. Ms Williams 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 Ms Williams, no fee paid and no completed waiver request received.
Ms Williams’ 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 Williams’ application.
Ms Williams 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 Ms Williams’ 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 Karen Williams on 17 October 2024 is dismissed.
DEPUTY PRESIDENT
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