Application by Leanne Matalone

[2025] FWC 1981

[2025] FWC 1981

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.372—General protections

Application by Leanne Matalone

(C2025/3494)

DEPUTY PRESIDENT EASTON SYDNEY, 10 JULY 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 30 April 2025 Ms Leanne Matalone made a general protections application to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).

1. Ms Matalone’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 and the Form F8C was incomplete. Section 587(1)(a) allows the Commission to dismiss Ms Matalone’s application without conducting a hearing, so long as the applicant has been afforded procedural fairness.

1. Ms Matalone has been given ample opportunity to rectify the deficiency in the application and has also had 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 Matalone’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 Leanne Matalone on 30 April 2025 is dismissed

DEPUTY PRESIDENT
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