Casey O'Brien

[2025] FWC 1055

[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.

1. 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).

1. 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.

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

1. 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.

1. 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.

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

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

1. 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.”

1. 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.

1. 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

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