1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Nilesh Gupta v Court Services Victoria (C2026/4183) DEPUTY PRESIDENT O'NEILL ADELAIDE, 4 JUNE 2026 Application to deal with contraventions involving dismissal – dismissal under s.587(1)(a) at the Commission’s initiative. [1] On 14 April 2026, Mr Nilesh Gupta made a general protections application involving dismissal application under s.365 of the Fair Work Act 2009 (Cth). I am satisfied that Mr Gupta’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application. [2] Mr Gupta’s application was incomplete because he did not pay the required fee or file a completed request to waive the fee. Commission staff attempted to contact Mr Gupta on 28 April 2026 by email and SMS and 5 May 2026 by email. On 21 May 2026, Mr Gupta was advised that his application remained unpaid and if he does not contact the Commission by 28 May 2026, his application may be dismissed under s.587(1)(a) because it has not been made in accordance with the Act. [3] Mr Gupta has not responded to the Commission’s multiple attempts to contact him, nor has he paid the applicable fee or further corresponded regarding his denied waiver request. Mr Gupta has been given ample opportunity to rectify the deficiency in the application. I am satisfied that Mr Gupta’s application should be dismissed. I order that the application under section 365 of the Fair Work Act 2009 (Cth) made by Mr Nilesh Gupta on 14 April 2026 (C2026/4183) is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR810496> [2026] FWC 1967 DECISION