1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Ms Sian Bell v Multiple Sclerosis Queensland Ltd (C2026/5199) DEPUTY PRESIDENT BEAUMONT PERTH, 17 JUNE 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 8 May 2026, Ms Sian Bell (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 12 May 2026, Commission staff contacted the Applicant and informed them that the fee waiver form they had lodged was blank. The Applicant was instructed to provide a completed fee waiver form or pay the Application fee by 19 May 2026. The Applicant was placed on notice that their Application may be dismissed if no response was provided within that timeframe. An SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [4] On 15 May 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 19 May 2026. The Applicant was again placed on notice that their Application may be dismissed if this was not completed. A further SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [5] Commission staff sent a further email to the Applicant on 20 May 2026. The Applicant was again directed to pay the Application fee or provide a completed fee waiver form by 24 May 2026. The Applicant was again placed on notice that their Application may be dismissed if this was not completed. A further SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [6] On 25 May 2026, Commission staff sent a final reminder email to the Applicant. The Applicant was again directed to pay the Application fee or provide a completed fee waiver form by 29 May 2026. The Applicant was again placed on notice that their Application may be [2026] FWC 2219 DECISION AND ORDER [2026] FWC 2219 2 dismissed if this was not completed. A final SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [7] The Applicant has not responded to the Commission’s correspondence of 12 May 2026, 15 May 2026, 20 May 2026 or 25 May 2026 in respect of the outstanding fee. [8] 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. [9] 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 Ms Sian Bell on 8 May 2026 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811028>