Cassidy Hilton v The Trustee for Burleigh Pavilion Unit Trust
[2025] FWC 1702
•18 JUNE 2025
| [2025] FWC 1702 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Cassidy Hilton
v
The Trustee for Burleigh Pavilion Unit Trust
(U2025/3379)
| DEPUTY PRESIDENT EASTON | SYDNEY, 18 JUNE 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 20 March 2025, Ms Cassidy Hilton made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Ms Hilton was incomplete insofar as the application fee was not paid and the Applicant did not provide a fully completed application to have the fee waived.
The waiver application was not properly signed by the Applicant. The Form includes the following declaration:
“I confirm that I have completed all questions in this application.
I ask that the application fee payable on application to the Fair Work Commission be waived because payment of the fee will cause me to suffer serious hardship.
I declare that to the best of my knowledge and belief the information I have given in this form is true and correct.
Note: Giving false or misleading information is a serious offence.
Your signature.”
Commission staff attempted to contact Ms Hilton on 25 March, 1 April, 9 April, 15 April, 16 April, 17 April and 27 May 2025 by telephone, SMS and email.
Ms Hilton provided another waiver form on 16 April 2025, however, it was still incomplete because it was not properly signed by the Applicant.
Section 587 confers a discretion on the Commission to dismiss Ms Hilton’s application if it has not been made in accordance with the Act. Ms Hilton has had ample opportunity to rectify the deficiency in her application and has 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).
I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Cassidy Hilton on 20 March 2025 is dismissed.
DEPUTY PRESIDENT
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