1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Applicant v COSTCO Wholesale Australia, Pty. Ltd. (C2026/2855) 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 13 May 2026, 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] Notwithstanding the below issue, the Application was lodged outside the 21-day timeframe provided by s 366(1)(a) of the Act. In their Application, the Applicant indicated that their dismissal took effect on 21 April 2026. It follows that they would have been required to seek an extension of time under s 366(1)(b) of the Act. [3] However, 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. [4] On 18 May 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 25 May 2026 and placed on notice 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 18 May 2026 regarding the outstanding fee. [5] On 26 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 30 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] My Chambers emailed the Applicant on 9 June 2026. The Applicant was again directed to pay the Application fee or provide a completed fee waiver form by 16 June 2026. The correspondence placed the Applicant on notice that their Application will be dismissed if no payment or waiver was received by the provided deadline. [2026] FWC 2220 DECISION AND ORDER [2026] FWC 2220 2 [7] The Applicant has not responded to the Commission’s correspondence of 18 May 2026, 26 May 2026 or 9 June 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 the Applicant on 13 May 2026 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811030>