Ryan Baker v Air Affairs Australia Pty Ltd

[2025] FWC 1915

[2025] FWC 1915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Ryan Baker
v

Air Affairs Australia Pty Ltd

(U2025/8818)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 7 JULY 2025

Application for an unfair dismissal remedy – unpaid application fee – application is not made in accordance with this Act – application dismissed – s.587(1)(a).

1. On 21 May 2025, Mr Ryan Baker made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Mr Baker’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Mr Baker’s application was incomplete because he did not pay the required fee[1] or file a completed request to waive the fee.

1. Commission staff attempted to contact Mr Baker on:

·     23 May 2025, by email;

·     26 May 2025, by SMS;

·     28 May 2025, by email;

·     4 June 2025, by telephone and email.

1. On 27 June 2025, my Chambers emailed Mr Baker requiring a response by 4 July 2025. He was advised that if no response was received, his application may be dismissed under s.587(1)(a) of the Act because it has not been made in accordance with the Act. No response has been received, the fee has not been paid, and no waiver request has been received.

1. Mr Baker has been given ample opportunity to rectify the deficiency in the application. He has not responded to multiple enquiries and warnings that his application may be dismissed. I am satisfied that Mr Baker’s application should be dismissed. I make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Ryan Baker on 21 May 2025 is dismissed.

DEPUTY PRESIDENT

[1] Section 395 of the Act.

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