Application by Kym Costello
[2024] FWC 3415
•6 DECEMBER 2024
| [2024] FWC 3415 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Application by Kym Costello
(C2024/7053)
| DEPUTY PRESIDENT EASTON | SYDNEY, 6 DECEMBER 2024 |
Application to deal with other contraventions dispute – application dismissed.
On 30 September 2024 Ms Kym Costello made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Ms Costello’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 confers a discretion on the Commission to dismiss Ms Costello’s application.
Ms Costello 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).
I have decided to dismiss Ms Costello’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 Ms Kym Costello on 30 September 2024 is dismissed.
DEPUTY PRESIDENT
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