Joseph Kanowski v BM Payroll Pty Ltd
[2025] FWC 1084
•16 APRIL 2025
| [2025] FWC 1084 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s 394—Unfair dismissal
Joseph Kanowski
v
BM Payroll Pty Ltd
(U2025/2104)
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 APRIL 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 24 February 2025, Mr Joseph Kanowski (the Applicant) made an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act).
The Applicant’s 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(1)(a) allows the Commission to dismiss an application without conducting a hearing, so long as the applicant has been afforded procedural fairness.
Commission staff contacted the Applicant concerning the need to pay the application fee or apply for a waiver on the following dates:
· 27 February 2025 by email;
· 28 February 2025 by SMS;
· 5 March 2025 by email;
· 7 March 2025 by telephone;
· 25 March 2025 by email and SMS; and
· 11 April 2025 by email and SMS.
The Applicant has been on notice since 5 March 2025 of the likely consequences for his application if he did not pay the application fee or seek a waiver. In emails from the Deputy President’s Chambers dated 25 March 2025 and 11 April 2025, the Applicant was directed to pay the application fee, apply for a waiver, or make any submissions he wished to make as to why his application should not be dismissed.
To date, there has been no response from the Applicant to the Commission’s directions and attempts to contact him.
The Applicant has had ample opportunity to rectify the deficiency in the application and to show why his application should not be dismissed under s 587 of the Act (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss the Applicant’s unfair dismissal application using the power available under s 587(1)(a) of the Act and make the following order:
A.The application under s 394 of the Fair Work Act 2009 (Cth) made by Mr Joseph Kanowski on 24 February 2025 is dismissed.
DEPUTY PRESIDENT
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