Riley Gleeson v All Cast Australia Pty Ltd

[2025] FWC 2712

[2025] FWC 2712

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Riley Gleeson
v

All Cast Australia Pty Ltd

(U2025/5275)

DEPUTY PRESIDENT EASTON SYDNEY, 12 SEPTEMBER 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 29 April 2025, Mr Riley Gleeson 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 Gleeson was incomplete in the following ways:

·   Mr Gleeson did not pay the application fee or apply for a waiver;

·   Mr Gleeson did not specify the date he commenced employment; and

·   Mr Gleeson did not sign his application.

1. Commission staff attempted to contact Mr Gleeson on 2 May, 19 May and 25 June 2025 by telephone, SMS and email.

1. Section 587 confers a discretion on the Commission to dismiss Mr Gleeson’s application if it has not been made in accordance with the Act. Mr Gleeson 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).

1. I make the following order:

A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Riley Gleeson on 29 April 2025 is dismissed.

DEPUTY PRESIDENT

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