Application by Paul Williams

[2025] FWC 1729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.306E—Application for a regulated labour hire arrangement order

Application by Paul Williams

(LH2025/13)

JUSTICE HATCHER, PRESIDENT

SYDNEY, 19 JUNE 2025

Application for a regulated labour hire arrangement order – application incomplete – employer and regulated host not specified – application dismissed – Fair Work Act 2009 (Cth) s 587(1)(a).

On 18 February 2025, Paul Williams applied to the Commission under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order. Mr Williams’ application was missing pages 2–5 and 7. Relevantly, this means the application as filed does not specify the employer or the regulated host to whom Mr Williams wishes the order he seeks to apply. The application also does not specify the host employment instrument that he says would apply to him were he to be employed directly by the unidentified regulated host.

On 19 February 2025, one of the Commission’s client services representatives attempted to telephone Mr Williams to inform him of the above issues. Mr Williams did not answer, so the client services representative left a voice mail message to that effect.

On 26 February 2025, I directed that correspondence be sent from my chambers identifying the above deficiencies and directing Mr Williams to file an amended and complete application by 5 March 2025. The correspondence indicated that ‘[i]f we do not receive this by the deadline, [the application] may be dismissed under section 587 of the Fair Work Act 2009 (Cth) as not having been made in accordance with the FWC Rules.’

To date, the Commission has not received a response to that correspondence. The applicant has not otherwise contacted the Commission.

I find the application has not been made in accordance with the FW Act because the applicant has failed to identify the respondents to his application. Accordingly, the application is dismissed pursuant to s 587(1)(a) of the FW Act.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paul Williams applied for a regulated labour hire arrangement order under the Fair Work Act 2009. The application was dismissed by the Federal Circuit Court as it was incomplete, lacking specification of both the employer and the regulated host. The court's decision was based on the procedural requirement that an application for such an order must be complete, including all necessary particulars.

The primary legal issue before the court was whether the application met the statutory requirements for a regulated labour hire arrangement order. Section 587(1)(a) of the Fair Work Act mandates that an application for this type of order must be complete, and in this instance, the omission of the employer and regulated host rendered the application deficient. The court found that the incomplete nature of the application precluded it from proceeding further.

The court determined that the incomplete application did not satisfy the mandatory requirements of the Fair Work Act. Consequently, the application was dismissed without further consideration of the merits. The court emphasised the necessity of compliance with the statutory provisions to ensure that all relevant parties and details are specified in the application. The court's ruling was grounded in the statutory framework provided by the Fair Work Act.

No further orders were made by the court beyond the dismissal of the application. The applicant was left to address the deficiencies in the application and resubmit if desired. The court's decision underscored the importance of procedural compliance in labour-related applications under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established