Leo Gwak v Passion8 Building Services Pty Ltd
[2025] FWC 1688
•17 JUNE 2025
| [2025] FWC 1688 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Leo Gwak
v
Passion8 Building Services Pty Ltd
(U2025/2770)
| DEPUTY PRESIDENT EASTON | SYDNEY, 17 JUNE 2025 |
Application for an unfair dismissal remedy –application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 9 March 2025 Mr Leo Gwak made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Mr Gwak was incomplete insofar as he did not provide the completed waiver, or payment of the application fee, and did not provide the requested information for questions 1.1, 1.2 and 1.3 on the F2 application.
Commission staff attempted to contact Mr Gwak on 13 March, 17 April and 30 April 2025 by telephone, SMS and email.
Section 587 confers a discretion on the Commission to dismiss Mr Gwak’s application if it has not been made in accordance with the Act. Mr Gwak has had ample opportunity to rectify the deficiencies 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 Leo Gwak on 9 March 2025 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR788296>
0