Ibrahim Adeeb v Kuga Australia Pty Ltd
[2025] FWC 2701
•11 SEPTEMBER 2025
| [2025] FWC 2701 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Ibrahim Adeeb
v
Kuga Australia Pty Ltd
(U2025/9863)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 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 6 June 2025 Mr Ibrahim Adeeb made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Adeeb’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.
Commission staff attempted to contact Mr Adeeb on 17 June, 23 June and 31 July 2025 by telephone, SMS and email.
Mr Adeeb responded on 23 June 2025 and advised Commission staff that he would pay online.
To date Mr Adeeb has not made payment of the application fee.
Section 587 confers a discretion on the Commission to dismiss Mr Adeeb application if it has not been made in accordance with the Act. Mr Adeeb 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).
I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Ibrahim Adeeb on 6 June 2025 is dismissed.
DEPUTY PRESIDENT
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