Luke Bray v Daikin Australia Pty Ltd

Case

[2025] FWC 565

24 FEBRUARY 2025


[2025] FWC 565

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Luke Bray
v

Daikin Australia Pty Ltd

(U2024/14247)

DEPUTY PRESIDENT EASTON

SYDNEY, 24 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 27 November 2024, Mr Luke Bray 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 Bray was incomplete insofar as he did not pay the application fee or apply for a waiver of the fee.

  1. Commission staff attempted to contact Mr Bray on December 3, 5, 12, 17, 18, 30 and 31 by telephone, SMS and/or email.

  1. Mr Bray 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 Bray’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 Luke Bray on 27 November 2024 is dismissed.


DEPUTY PRESIDENT

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