Leighton Barr v The Youth Insearch Foundation

[2025] FWC 578

[2025] FWC 578

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Leighton Barr
v

The Youth Insearch Foundation

(U2025/128)

DEPUTY PRESIDENT EASTON SYDNEY, 25 FEBRUARY 2025

Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.

1. On 6 January 2025, Mr Leighton Barr made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. The application filed by Mr Barr 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. Section 587 confers a discretion on the Commission to dismiss Mr Barr’s application.

1. Commission staff attempted to contact Mr Barr on January 6, 7, 8, and 20 by email, telephone and express post.:

1. Mr Barr 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).

1. I have decided to dismiss Mr Barr’s unfair dismissal application and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Leighton Barr on 6 January 2025 is dismissed.

DEPUTY PRESIDENT

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