Alicia Marcantonio v Learning Online Pty Ltd [2026] FWC 2367

1 Fair Work Act 2009 s.394 - Application for unfair dismissal remedy Alicia Marcantonio v Learning Online Pty Ltd (U2026/1538) DEPUTY PRESIDENT O'NEILL ADELAIDE, 30 JUNE 2026 Application for an unfair dismissal remedy – incomplete application – dismissal under ss.587(1)(a) at the Commission’s initiative. [1] On 20 March 2026, Ms Alicia Marcantonio made an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth). I am satisfied that Ms Marcantonio’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application. [2] The Form F2 – Unfair Dismissal Application (Form F2) filed was incomplete and Ms Marcantonio had not paid the required fee nor filed a completed request to waive the fee. On 27 March 2026, Commission staff attempted to contact Ms Marcantonio by email and SMS to request payment and a completed Form F2. The correspondence also advised that if the Commission did not receive payment and a completed application within 7 days, Ms Marcantonio’s case would very likely be dismissed. On 3 June 2026, my Chambers also advised Ms Marcantonio that her application remained unpaid and incomplete, and that if she does not contact the Commission by 10 June 2026 her [his/her]application may be dismissed because it was not made in accordance with the Act. [3] Ms Marcantonio has been given ample opportunity to rectify the deficiencies in the application and she has not responded to multiple enquiries and warnings that [his/her] application may be dismissed. I am satisfied that Ms Marcantonio’s application has not been made in accordance with the Act and should be dismissed. [4] I order that the application under section 394 of the Fair Work Act 2009 (Cth) made by Alicia Marcantonio on 20 March 2026 (U2026/1538) is dismissed. DEPUTY PRESIDENT [2026] FWC 2367 DECISION -- 1 of 2 -- [2026] FWC 2367 2 Printed by authority of the Commonwealth Government Printer <PR811394> -- 2 of 2 --