Tiarny Edmonds v Woolworths

[2025] FWC 1080

[2025] FWC 1080

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s 394—Unfair dismissal

Tiarny Edmonds
v

Woolworths

(U2025/1737)

DEPUTY PRESIDENT BEAUMONT PERTH, 16 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 17 February 2025, Miss Tiarny Edmonds (the Applicant) made an unfair dismissal application to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) (the Act).

1. The Applicant’s application was not made in accordance with the Act (per s 587(1)(a)) because the prescribed fee (per s 373) has not been paid or waived. Section 587(1)(a) allows the Commission to dismiss an application without conducting a hearing, so long as the applicant has been afforded procedural fairness.

1. The Applicant applied for a waiver of the application fee using a Form F80 on 17 February 2025, however the form was incomplete.  Commission staff contacted the Applicant concerning this deficiency on the following dates:

·  20 February by telephone, email and SMS;

·  5 March by telephone;

·  25 March by email and SMS; and

·  11 April by email and SMS. 

1. The Applicant has been on notice since 20 February 2025 of the likely consequences for her application if she did not pay the application fee or address the deficiencies in her application for a waiver.  In emails from Deputy President Easton’s Chambers dated 25 March 2025 and 11 April 2025, the Applicant was directed to pay the application fee, apply for a waiver, or make any submissions she wished to make as to why her application should not be dismissed by 4 April and 14 April respectively.

1. To date, there has been no response from the Applicant to the Commission’s directions and attempts to contact her.

1. The Applicant has thus had ample opportunity to rectify the deficiency in the application and to show why her application should not be dismissed under s 587 of the Act (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 the Applicant’s unfair dismissal application using the power available under s 587(1)(a) Act and make the following order:

A.The application under s 394 of the Fair Work Act 2009 (Cth) made by Miss Tiarny Edmonds on 17 February 2025 is dismissed.

DEPUTY PRESIDENT

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