Gabriel Peterson Das Chagas v MacMahon Contractors
[2024] FWC 2601
•20 SEPTEMBER 2024
| [2024] FWC 2601 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.372—General protections
Gabriel Peterson Das Chagas
v
MacMahon Contractors
(C2024/5655)
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 SEPTEMBER 2024 |
Application to deal with other contraventions dispute – application dismissed.
On 11 August 2024 Mr Gabriel Peterson Das Chagas made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Mr Peterson Das Chagas’ 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 confers a discretion on the Commission to dismiss Mr Peterson Das Chagas’ application.
Mr Peterson Das Chagas has been given ample opportunity to rectify the deficiency in the application (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
In the circumstances I am satisfied that Mr Peterson Das Chagas’ application should be dismissed.
I order that Mr Peterson Das Chagas’ application be dismissed.
DEPUTY PRESIDENT
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