Joshua Miller v Health Care Australia Pty Ltd
[2024] FWC 2860
•15 OCTOBER 2024
| [2024] FWC 2860 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.372—General protections
Joshua Miller
v
Health Care Australia Pty Ltd
(C2024/5962)
| DEPUTY PRESIDENT EASTON | SYDNEY, 15 OCTOBER 2024 |
Application to deal with other contraventions dispute – application dismissed.
On 21 August 2024 Mr Joshua Miller made a general protections application not involving dismissal to the Fair Work Commission under s.372 of the Fair Work Act 2009 (Cth).
Mr Miller’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 confers a discretion on the Commission to dismiss Mr Miller’s application.
Mr Miller 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 Miller’s application should be dismissed.
I order that Mr Miller’s application be dismissed.
DEPUTY PRESIDENT
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