1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Mr Wayne Kamau v Buildi Pty Ltd (C2026/4312) DEPUTY PRESIDENT BEAUMONT PERTH, 25 MAY 2026 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 15 April 2026, Mr Wayne Kamau (the Applicant) made an application to deal with contraventions involving dismissal (the Application) to the Fair Work Commission under s 365 of the Fair Work Act 2009 (Cth) (the Act). [2] The Application was not made in accordance with the Act (see s 587(1)(a) of the Act) because the prescribed fee (see s 367 of the Act) has not been paid or waived. [3] On 17 April 2026, Commission staff contacted the Applicant directing that the Application fee was to be paid or a fee waiver form completed. The Applicant was instructed to provide a response by 24 April 2026, and informed that their Application may be dismissed if the Commission did not receive a response in that timeframe. An SMS was sent to the Applicant’s nominated telephone number on 17 April 2026 regarding the outstanding fee. [4] On 28 April 2026, Commission staff contacted the Applicant to remind them that the Application fee was outstanding. The Applicant was again directed to pay the Application fee or provide a completed fee waiver form by 3 May 2026. The Applicant was placed on notice that their Application may be dismissed if no payment or completed fee waiver form was received by this deadline. A further SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [5] Commission staff contacted the Applicant on 5 May 2026 to further remind them that the Application fee was outstanding. The Applicant was again placed on notice that their Application may be dismissed if no payment or completed fee waiver form was received by 9 May 2026. A third SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [6] The Applicant has not responded to the Commission’s correspondence of 17 April 2026, 28 April 2026 or 5 May 2026 in respect of the outstanding fee. [2026] FWC 1887 DECISION AND ORDER [2026] FWC 1887 2 [7] Section 587 of the Act confers a discretion on the Commission to dismiss the Application. I am satisfied that the Applicant has had the opportunity to put forward a case for consideration on all matters material to the making of the decision to dismiss the Application under s 587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]- [16] and the cases cited therein). The Applicant has been given ample opportunity to rectify the outstanding Application fee; however, the Commission’s enquiries and warnings have been disregarded. [8] I have decided to dismiss the Application using the power available under s 587(1)(a) of the Act and make the following order: A. The Application under s 365 of the Fair Work Act 2009 (Cth) made by Mr Wayne Kamau on 15 April 2026 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR810323>