Simone Michelle Dinsdale v ABM Contractors Pty Ltd

[2025] FWC 2486

[2025] FWC 2486

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.365—General protections

Simone Michelle Dinsdale
v

ABM Contractors Pty Ltd

(C2025/6227)

DEPUTY PRESIDENT EASTON SYDNEY, 22 AUGUST 2025

Application to deal with contraventions involving dismissal – application fee not paid or waived – application not made in accordance with the Act – application dismissed.

1. On 24 June 2025 Mr Simone Michelle Dinsdale made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).

1. Ms Dinsdale’s application was not made in accordance with the Act (per s.587(1)(a))

because the prescribed fee (per s.367) has not been paid or waived.

1. Section 587 confers a discretion on the Commission to dismiss Ms Dinsdale’s application if the application is not made in accordance with the Act. Ms Dinsdale has been given ample opportunity to rectify the deficiency in the application and has also had ample opportunity to show why her 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 Ms Dinsdale’s general protections claim using the power

available under s.587(1)(a) and make the following order:

1. 
   The application under s.365 of the Fair Work Act 2009 (Cth) made by Ms Dinsdale on 24 June 2025 is dismissed

DEPUTY PRESIDENT

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