1 Fair Work Act 2009 s.773 - Application to deal with an unlawful termination dispute Mrs Kim Fagan v Regis Pty Ltd (C2025/9254) DEPUTY PRESIDENT O'NEILL ADELAIDE, 7 JULY 2026 Application to deal with an unlawful termination dispute – dismissal under s.587(1)(a) at the Commission’s initiative. [1] On 19 September 2026, Mrs Kim Fagan made an application to deal with an unlawful termination dispute under section 773 of the Fair Work Act 2009 (Cth) against Regis Pty Ltd. For the following reasons, I am satisfied that Mrs Fagan’s application was not made in accordance with the Act and should be dismissed. [2] Pursuant to section 723 of the Act, a person entitled to make a general protections application must not make an unlawful termination application. [3] On 28 October 2025, Commission staff attempted to contact Mrs Fagan to advise that her former employer appeared to be a national system employer, which meant she was eligible to make a general protections application. Her application was also incomplete. Mrs Fagan was further advised on 30 October 2025 that if she does not contact the Commission by 5 November 2025, her application may be dismissed under s.587(1)(a) because it has not been made in accordance with the Act and may be dismissed without further notice. [4] Whilst Mrs Fagan responded on 31 October 2025 and 6 November 2025, her responses did not provide any basis to conclude that her former employer was not a national system employer. [5] Chambers contacted Mrs Fagan again on 13 June 2026 requesting she provide supporting documentation and a reasonable explanation as to why her application should not be dismissed by 19 June 2026. Mrs Fagan did not further correspond nor submit any supporting documentation. [6] Mrs Fagan has been given ample opportunity to rectify the deficiencies in their application. I am satisfied that Mrs Fagan has lodged an unlawful termination application when she is entitled to make a general protections application, contrary to s.723 of the Act. I am also satisfied that Mrs Fagan’s application to deal with an unlawful termination was not made in [2026] FWC 2561 DECISION [2026] FWC 2561 2 accordance with the Act because it was incomplete and should be dismissed under section 587(1)(a). [7] I order that the application under section 773 of the Fair Work Act 2009 (Cth) made by Regis Pty Ltd on Mrs Kim Fagan (C2025/9254) is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811813>