Kristy Vanderley v Viva Energy Australia
[2025] FWC 2709
•11 SEPTEMBER 2025
| [2025] FWC 2709 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Kristy Vanderley
v
Viva Energy Australia
(U2025/5274)
| 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 2 May 2025, Ms Kristy Vanderley made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Ms Vanderley had begun an unfair dismissal application by telephone on 2 May 2025. On the same day Ms Vanderley was sent a letter, a partially completed F2 application and was asked to complete the rest of the application form, and to sign and return it to the Commission.
On 14 May 2025 Ms Vanderley tried to send her application by email and fileshare software. Commission staff replied and advised her that they could not access the files due to security restrictions.
The application filed by Ms Vanderley was incomplete because Ms Vanderley did not return the completed F2 application in the acceptable format and did not pay the application fee or provide a completed application for a waiver of the fee.
Commission staff attempted to contact Ms Vanderley on 2 May, 19 May and 26 June 2025 by telephone, SMS and email.
Section 587 confers a discretion on the Commission to dismiss Ms Vanderley’s application if it has not been made in accordance with the Act. Ms Vanderley has had ample opportunity to rectify the deficiencies in her application and has had ample opportunity to show why her 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 Ms Kristy Vanderley on 2 May 2025 is dismissed.
DEPUTY PRESIDENT
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