1 Fair Work Act 2009 s.365—General protections Dimple Dimple v J AND T H CONTRACTORS PTY LTD (C2026/6792) DEPUTY PRESIDENT BEAUMONT PERTH, 2 JULY 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 31 May 2026, Dimple Dimple (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 3 June 2026, Commission staff contacted the Applicant and informed them that the fee waiver form they had lodged was blank. The Applicant was directed to provide a completed fee waiver form or pay the Application fee by 10 June 2026. The Applicant was placed on notice that their Application may be dismissed if no response was provided within that timeframe. [4] On 8 June 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. The Applicant was again placed on notice that their Application may be dismissed if this was not completed by 12 June 2026. An SMS was sent to the Applicant’s nominated telephone number regarding the outstanding fee. [5] My Chambers emailed the Applicant on 23 June 2026. The Applicant was again directed to pay the Application fee or provide a completed fee waiver form within a set period. The correspondence again placed the Applicant on notice that their Application was very likely to be dismissed if no payment or waiver was received by the provided deadline. An SMS was sent to the Applicant’s mobile phone number informing them that an important email had been sent and that their Application was at risk of being dismissed. [6] The Applicant has not responded to the Commission’s correspondence of 3 June 2026, 8 June 2026 and 23 June 2026 in respect of the outstanding fee. [2026] FWC 2470 DECISION AND ORDER [2026] FWC 2470 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 Dimple Dimple on 31 May 2026 is dismissed. DEPUTY PRESIDENT Matter determined on the papers Printed by authority of the Commonwealth Government Printer <PR811608>