Dylon Mclean v The Trustee for Hunter Poultry Trust

[2025] FWC 1913

[2025] FWC 1913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Dylon Mclean
v

The Trustee For Hunter Poultry Trust

(C2025/5009)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 7 JULY 2025

Application to deal with contraventions involving dismissal – dismissal under s.587(1)(a) at the Commission’s initiative.

1. Mr Dylon McLean lodged a general protections application under s.365 of the Fair Work Act 2009 (Cth) on 28 May 2025.

1. The application was incomplete because Mr McLean neither paid, nor applied for a waiver of, the prescribed application fee.

1. Commission staff attempted to contact Mr McLean on:

·     29 May 2025, by voicemail;

·     30 May 2025, by SMS and email;

·     3 and 10 June 2025, by telephone.

1. On 26 June 2025, my Chambers emailed Mr McLean requiring a response by 3 July 2025. He was advised that if no response was received his application may be dismissed under s.587(1)(a) of the Act because it has not been made in accordance with the Act. No response has been received, the fee has not been paid, and no waiver request has been received.

1. Mr McLean has been given ample opportunity to rectify the deficiency in the application. He has not responded to multiple enquiries and warnings that his application may be dismissed. I am satisfied that Mr McLean’s application should be dismissed. I make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mr Daniel McLean on 28 May 2025 is dismissed.

DEPUTY PRESIDENT

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