Samantha Ellis v Floors 2 Go Sa Pty Ltd
Deputy President O’neill
Not yet cited by other cases
Applicant: Samantha Ellis
Respondent: Floors 2 Go Sa Pty Ltd
Ratio
The application was dismissed pursuant to s.587(1)(a) of the Fair Work Act 2009 (Cth) because the applicant failed to pay the prescribed application fee or lodge a completed application for fee waiver despite repeated requests and clear deadlines spanning nearly four weeks.
Outcome
Against applicant
dismissed_jurisdiction
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 10
- Ms Ellis lodged a general protections application on 29 January 2025
- The application was incomplete because no prescribed application fee was paid and no fee waiver was requested
- Commission staff contacted Ms Ellis on 30 January 2025 and advised her of the deficiency
- Ms Ellis was sent a blank fee waiver application form and instructed to submit it within 14 days
- A further call on 11 February 2025 saw Ms Ellis agree to sign and return a fee waiver form by 13 February 2025
- A second copy of the fee waiver form was emailed on 12 February 2025
- Attempts to contact Ms Ellis on 24 February 2025 were unsuccessful
- Email sent on 25 February 2025 with deadline of 27 February 2025 for fee waiver submission with warning of dismissal
- Final voicemail left on 27 February 2025 warning of possible dismissal
- As of the decision date, Ms Ellis had not paid the fee nor submitted a completed fee waiver application
Factors
For
- Applicant was given multiple opportunities to cure the defect over nearly four weeks
- Commission took reasonable steps to contact applicant by phone and email
- Clear written and verbal instructions were provided regarding requirements
- Explicit deadlines were communicated to applicant
- Fee waiver application forms were provided to applicant
- Application does not comply with statutory requirements of the Fair Work Act
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s.365
- Fair Work Act 2009 (Cth) s.587(1)(a)
Concept tags · 2
Principles · 1
articulates para 10
An application must be made in accordance with the Act, and dismissal under s.587(1)(a) is appropriate where prescribed requirements (such as payment of application fees or submission of fee waiver applications) are not met despite repeated requests and clear deadlines.
Archived text (478 words)
1 Fair Work Act 2009 s.365—General protections Samantha Ellis v Floors 2 Go Sa Pty Ltd (C2025/716) DEPUTY PRESIDENT O’NEILL MELBOURNE, 17 MARCH 2025 Application to deal with contraventions involving dismissal – dismissal under s.587(1)(a) at the Commission’s initiative. [1] Ms Samantha Ellis lodged a general protections application under s.365 of the Fair Work Act 2009 (Cth) on 29 January 2025. [2] The application was incomplete because Ms Ellis neither paid, nor applied for a waiver of, the prescribed application fee. [3] On 30 January 2025, an employee of the Commission called and spoke to Ms Ellis and told her that her application was incomplete and she was to submit a completed application for a waiver of the fee. Ms Ellis asked that she be sent an email setting out what she needed to do. [4] Shortly after the call Ms Ellis was emailed and advised that her application was incomplete, and that she needed to send either a completed application for a fee waiver or pay the application fee within 14 days. A blank fee waiver application form was attached. An SMS request for payment was also sent to Ms Ellis that day. [5] On 11 February 2025, an employee of the Commission again called and spoke to Ms Ellis. Ms Ellis said that she would sign and send back the application for a fee waiver. Ms Ellis was advised that a signed waiver form was required by 13 February 2025. On 12 February 2025 a further copy of the fee waiver application form was emailed to Ms Ellis’s nominated email address. [6] On 24 February 2025, another attempt was made to call Ms Ellis. The call was not answered, and a voicemail left requesting that she contact the Commission. [7] On 25 February 2025, a further email was sent to Ms Ellis requesting her to lodge a completed fee waiver application by Thursday, 27 February 2025 and informing her that her application may otherwise be dismissed. [2025] FWC 775 DECISION [2025] FWC 775 2 [8] On 27 February 2025, a further phone call to Ms Ellis was not answered, and a voicemail message was left asking her to contact the Commission and warning her that her application may be dismissed. [9] To date, there has been no further response from Ms Ellis, the required fee has not been paid nor has an application for a waiver been received. [10] Despite many requests, Ms Ellis has neither paid the prescribed application fee nor applied for it to be waived. I am satisfied that the application has not been made in accordance with the Act and that it is appropriate in all the circumstances to dismiss the application pursuant to s587(1)(a) of the Act. An order1 to this effect will be issued with this decision. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR785320> 1 PR785321.