Application by Paul Williams
Not yet cited by other cases
Applicant: Paul Williams
Ratio
An application for a regulated labour hire arrangement order under s.306E of the Fair Work Act was dismissed because the applicant failed to specify the employer and regulated host, rendering the application deficient and not made in accordance with the Fair Work Act. Despite being afforded an opportunity to file an amended application and being given notice of the deficiencies, the applicant did not respond.
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 · 11
- Application filed 18 February 2025 under s.306E Fair Work Act 2009 (Cth)
- Application was missing pages 2–5 and 7
- Application failed to identify the employer
- Application failed to identify the regulated host
- Application failed to specify the host employment instrument
- Client services representative attempted telephone contact on 19 February 2025 but applicant did not answer
- Voicemail message left informing applicant of deficiencies
- Correspondence from chambers dated 26 February 2025 directing amended application by 5 March 2025
- Correspondence warned that failure to comply might result in dismissal under s.587
- No response received by deadline or at any time thereafter
- Applicant did not contact the Commission
Factors
For
- Clear statutory framework under s.306E requiring specification of relevant parties
- Notice given via voice mail and formal correspondence
- Reasonable opportunity provided (9 days) to cure deficiency
- Warning of potential dismissal consequences included in correspondence
Against
- Applicant failed to respond to telephone contact attempt
- Applicant failed to provide amended application by deadline
- Applicant failed to engage with Commission at all
Legislation referenced
- Fair Work Act 2009 (Cth) s.306E
- Fair Work Act 2009 (Cth) s.587(1)(a)
Concept tags · 4
Principles · 2
articulates para 1
An application under s.306E must identify the employer and regulated host to whom the order is to apply, as well as specify the host employment instrument that would apply if the applicant were employed directly by the regulated host.
articulates para 5
An application which fails to specify the respondents to the application has not been made in accordance with the Fair Work Act and may be dismissed under s.587(1)(a).
Archived text (341 words)
1 Fair Work Act 2009 s.306E—Application for a regulated labour hire arrangement order Application by Paul Williams (LH2025/13) JUSTICE HATCHER, PRESIDENT SYDNEY, 19 JUNE 2025 Application for a regulated labour hire arrangement order – application incomplete – employer and regulated host not specified – application dismissed – Fair Work Act 2009 (Cth) s 587(1)(a). [1] On 18 February 2025, Paul Williams applied to the Commission under s 306E of the Fair Work Act 2009 (Cth) (FW Act) for a regulated labour hire arrangement order. Mr Williams’ application was missing pages 2–5 and 7. Relevantly, this means the application as filed does not specify the employer or the regulated host to whom Mr Williams wishes the order he seeks to apply. The application also does not specify the host employment instrument that he says would apply to him were he to be employed directly by the unidentified regulated host. [2] On 19 February 2025, one of the Commission’s client services representatives attempted to telephone Mr Williams to inform him of the above issues. Mr Williams did not answer, so the client services representative left a voice mail message to that effect. [3] On 26 February 2025, I directed that correspondence be sent from my chambers identifying the above deficiencies and directing Mr Williams to file an amended and complete application by 5 March 2025. The correspondence indicated that ‘[i]f we do not receive this by the deadline, [the application] may be dismissed under section 587 of the Fair Work Act 2009 (Cth) as not having been made in accordance with the FWC Rules.’ [4] To date, the Commission has not received a response to that correspondence. The applicant has not otherwise contacted the Commission. [2025] FWC 1729 DECISION [2025] FWC 1729 2 [5] I find the application has not been made in accordance with the FW Act because the applicant has failed to identify the respondents to his application. Accordingly, the application is dismissed pursuant to s 587(1)(a) of the FW Act. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR788376>