Casey O'Brien

[2025] FWC 1055

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s 739—Dispute resolution

Casey O’Brien

(C2025/2222)

DEPUTY PRESIDENT BEAUMONT

PERTH, 15 APRIL 2025

Alleged dispute about any matters arising under the modern award and the NES; [s146] – incomplete application – application dismissed.

On 20 March 2025, Ms Casey O’Brien (the Applicant) made an application to the Commission to deal with a dispute under s 739 of the Fair Work Act 2009 (Cth) (the Act).

For the reasons that follow, I am satisfied that Ms O’Brien’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

Ms O’Brien’s application was incomplete because she did not complete important questions relating to the legal basis of her claim.

Commission staff contacted Ms O’Brien on the following dates:

· 25 March 2025 by telephone, SMS, and email; and
· 31 March 2025 by telephone, SMS and email.

On 4 April 2025, an email was sent to Ms O’Brien asking her to file a completed Form F10 by no later than 9 April 2025. An SMS was also sent that same day alerting Ms O’Brien to the email.

Ms O’Brien has been on notice since 25 March 2025 of the likely consequences of the application remaining incomplete.

To date, no response has been received from Ms O’Brien.

Section 587 of the Act provides as follows:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

…

(3) The FWC may dismiss an application:
(a) on its own initiative; or
(b) on application.”

Section 587 of the Act confers a discretion on the Commission to dismiss the application. I am satisfied that Ms O’Brien has had the opportunity to put her case for consideration on all matters material to the making of the decision to dismiss the application under s 587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). Ms O’Brien has been given ample opportunity to rectify the deficiency in the application however the Commission’s inquiries and warnings have been ignored.

I have decided to dismiss Ms O’Brien’s application using the power available under s 587(1)(a) and make the following order:

A.The application under s 739 of the Fair Work Act 2009 (Cth) made by Ms Casey O’Brien on 20 March 2025 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of Casey O'Brien was heard by Deputy President Beaumont of the Fair Work Commission in Perth on 15 April 2025. Ms O'Brien had made an application to the Commission under section 739 of the Fair Work Act 2009, seeking resolution of a dispute arising under a modern award and the National Employment Standards. However, the Deputy President found that the application was incomplete and dismissed it under section 587 of the Act.

The primary legal issue the court needed to address was whether Ms O'Brien's application met the requirements of the Fair Work Act and could be considered by the Commission. The Deputy President found that the application was incomplete as Ms O'Brien had not provided all the required information, specifically the details relating to the legal basis of her claim. Despite multiple attempts by Commission staff to contact Ms O'Brien and provide her with the opportunity to complete her application, she had failed to respond.

The Deputy President exercised their discretion under section 587 of the Act to dismiss the application. The decision to dismiss the application was made under subsection 587(1)(a) as the application was not made in accordance with the Act due to its incompleteness. The Deputy President noted that Ms O'Brien had been given sufficient opportunities to rectify the deficiencies in her application but had not done so. The dismissal of the application was deemed appropriate as it was not in accordance with the Act and had no reasonable prospects of success.

In conclusion, the Fair Work Commission dismissed Ms O'Brien's application under section 739 of the Fair Work Act 2009 due to its incompleteness. The Deputy President found that Ms O'Brien had failed to provide the required information despite multiple warnings and opportunities to do so. The dismissal was made under section 587(1)(a) of the Act, as the application was not made in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established