Mitchell Ryan v Spinifex Australia Pty Ltd

[2025] FWC 941

[2025] FWC 941

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Mitchell Ryan
v

Spinifex Australia Pty Ltd

(U2025/753)

DEPUTY PRESIDENT EASTON SYDNEY, 3 APRIL 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 22 January 2025, Mr Mitchell Ryan made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. Mr Ryan’s application 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.

1. Commission staff attempted to contact Mr Ryan on 28 January, 10 February and 25 February 2025 by telephone, SMS and email.

1. Section 587 confers a discretion on the Commission to dismiss Mr Ryan’s application if it has not been made in accordance with the Act. Mr Ryan 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 make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Mitchell Ryan on 22 January 2025 is dismissed.

DEPUTY PRESIDENT

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