Donald Joseph Silk v Flight Club Perth

[2025] FWC 566

[2025] FWC 566

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Donald Joseph Silk
v

Flight Club Perth

(U2024/15019)

DEPUTY PRESIDENT EASTON SYDNEY, 24 FEBRUARY 2025

Application for an unfair dismissal remedy remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.

1. On 12 December 2024, Mr Donald Silk made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. Mr Silk’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Silk’s application.

1. Commission staff attempted to contact Mr Silk on 17, 18, 31 December 2024 and 2 January 2025 by SMS and/or email and telephone.

1. Mr Silk has had ample opportunity to rectify the deficiency in his application and has had ample opportunity to show why his 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).

1. I have decided to dismiss Mr Silk’s unfair dismissal application and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Donald Silk on 12 December 2024 is dismissed.

DEPUTY PRESIDENT

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