Dennis Donald Stokes
[2025] FWC 1982
•11 JULY 2025
| [2025] FWC 1982 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Dennis Donald Stokes
(C2025/3749)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 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.
On 8 May 2025 Mr Dennis Donald Stokes made a general protections application to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Mr Stokes’ 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. Section 587(1)(a) allows the Commission to dismiss Mr Stokes’ application without conducting a hearing, so long as the applicant has been afforded procedural fairness.
Mr Stokes has been given ample opportunity to rectify the deficiency in the application and has also had ample opportunity to show why their 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 have decided to dismiss Mr Stokes’ general protections claim using the power available under s.587(1)(a) and make the following order:
The application under s.372 of the Fair Work Act 2009 (Cth) made by Mr Dennis Donald Stokes on 8 May 2025 is dismissed
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR789123>
0