Emilio Nacua v Serco Australia Pty Ltd
[2025] FWC 2717
•12 SEPTEMBER 2025
| [2025] FWC 2717 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Emilio Nacua
v
Serco Australia Pty Ltd
(U2025/5918)
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 13 May 2025, Mr Emilio Nacua made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Mr Nacua was incomplete because he did not pay the application fee or apply for a waiver, and he did not sign his application.
Commission staff attempted to contact Mr Nacua on 15 May, 28 May and 2 July 2025 by telephone, SMS and email.
Section 587 confers a discretion on the Commission to dismiss Mr Nacua’s application if it has not been made in accordance with the Act. Mr Nacua has had ample opportunity to rectify the deficiencies 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).
I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Emilio Nacua on 13 May 2025 is dismissed.
DEPUTY PRESIDENT
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