Andrea Pigdon v Merri Outreach Support Service Ltd
Deputy President Bell
Not yet cited by other cases
Applicant: Andrea Pigdon
Respondent: Merri Outreach Support Service Ltd
Ratio
The application was dismissed because it was not made in accordance with the Act—the applicant failed to pay the required fee or file a completed request to waive the fee. Despite receiving multiple attempts to contact her and warnings that the application may be dismissed, the applicant failed to respond or cure the defect.
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 · 5
- Ms Andrea Pigdon made a general protections application under s.372 on 8 July 2025
- The application was incomplete because no required fee was paid and no fee waiver request was filed
- Commission staff attempted to contact the applicant on 8 August 2025 by SMS and 14 August 2025 by email
- On 5 September 2025, Commission staff sent an email requiring a response by 12 September 2025, advising that failure to respond may result in dismissal under s.587(1)(a)
- No response was received by the deadline, the fee was not paid, and no waiver request was submitted
Factors
For
Against
- Application was not made in accordance with the Act (fee requirement not satisfied)
- Applicant failed to respond to multiple contact attempts
- Applicant failed to respond to warnings of dismissal
- Applicant was given ample opportunity to rectify the deficiency
Legislation referenced
- Fair Work Act 2009 (Cth) s.372
- Fair Work Act 2009 (Cth) s.587(1)(a)
Concept tags · 3
Archived text (290 words)
1 Fair Work Act 2009 s.372—General protections Andrea Pigdon v Merri Outreach Support Service Ltd (C2025/6563) DEPUTY PRESIDENT BELL MELBOURNE, 18 SEPTEMBER 2025 Application to deal with contraventions involving dismissal – dismissal under s.587(1)(a) at the Commission’s initiative. [1] On 8 July 2025, Ms Andrea Pigdon made a general protections application under s.372 of the Fair Work Act 2009 (Cth). [2] For the reasons that follow, I am satisfied that Ms Pigdon’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application. [3] Ms Pigdon’s application was incomplete because she did not pay the required fee or file a completed request to waive the fee. [4] Commission staff attempted to contact Ms Pigdon on: [5] 8 August 2025, by SMS text message; and [6] 14 August 2025, by email. [7] On 5 September 2025, Commission staff emailed Ms Pigdon requiring a response by 12 September 2025. She was advised that if no response was received her 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. [8] Ms Pigdon has been given ample opportunity to rectify the deficiency in the application. She has not responded to multiple enquiries and warnings that her application may be dismissed. I am satisfied that Ms Pigdon’s application should be dismissed. I make the following order: [1] The application under s.372 of the Fair Work Act 2009 (Cth) made by Ms Andrea Pigdon on 8 July 2025 is dismissed. [2025] FWC 2784 DECISION [2025] FWC 2784 2 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR791840>