Application by Kelly-Anne Benning

[2025] FWC 854

[2025] FWC 854

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.372—General protections

Application by Kelly-Anne Benning

(C2025/1262)

DEPUTY PRESIDENT EASTON SYDNEY, 27 MARCH 2025

Application to deal with contraventions not involving dismissal – application fee not paid or waived – application not made in accordance with the Act – application dismissed.

1. On 17 February 2025 Ms Kelly-Anne Benning made a general protections application under s.372 of the Fair Work Act 2009 (Cth).

1. Ms Benning’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.373) has not been paid or waived. Section 587(1)(a) allows the Commission to dismiss Ms Benning’s application without conducting a hearing, so long as the applicant has been afforded procedural fairness.

1. Ms Benning has had ample opportunity to rectify the deficiency in the application and also ample opportunity to show why her 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).

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

1. The application under s.372 of the Fair Work Act 2009 (Cth) made by Ms Kelly-Anne Benning on 17 February 2025 is dismissed.

DEPUTY PRESIDENT
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