Richard Oliver v The Trustee for Roth Family Trust

Case

[2025] FWC 395

11 FEBRUARY 2025


[2025] FWC 395

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Richard Oliver
v

The Trustee For Roth Family Trust

(U2024/12219)

DEPUTY PRESIDENT EASTON

SYDNEY, 11 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 14 October 2024, Mr Richard Oliver 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 Oliver was incomplete because he did not pay the application fee or submit a completed fee waiver application.

  1. Commission staff attempted to contact Mr Oliver on the following dates:

·   18 October 2024 by email;

·   21 October 2024 by SMS;

·   11 November 2024 by telephone;

·   13 November 2024 by email;

·   20 November 2024 by telephone.

  1. Mr Oliver 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 Oliver’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 Oliver on 14 October 2024 is dismissed.

DEPUTY PRESIDENT

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