Ian Wallace v C.M Perrett & H.E Perrett & R.J Perrett & T.J Perrett

[2025] FWC 1784

[2025] FWC 1784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Ian Wallace
v

C.M Perrett & H.E Perrett & R.J Perrett & T.J Perrett

(U2025/5289)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 24 JUNE 2025

Application for an unfair dismissal remedy – unpaid application fee – application is not made in accordance with this Act – application dismissed – s.587(1)(a).

1. On 2 May 2025, Mr Ian Wallace made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Mr Wallace’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Mr Wallace’s application was incomplete because he did not pay the required fee[1] or file a completed request to waive the fee.

1. Commission staff attempted to contact Mr Wallace on:

   ·     2 May 2025, by mail;

   ·     2 May 2025, by SMS; and on

   ·     19 May 2025, by phone and voicemail.

2. On 5 June 2025, my Chambers emailed Mr Wallace requiring a response by 12 June 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 Wallace 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 Wallace’s application should be dismissed. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Ian Wallace on 2 May 2025 is dismissed.

DEPUTY PRESIDENT

[1] Section 395 of the Act.

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