Adam Gray v Prosperity Painting Pty Ltd, Phil Green [2026] FWC 2728

1 Fair Work Act 2009 s.365—General protections Adam Gray v Prosperity Painting Pty Ltd, Phil Green (C2026/7355) DEPUTY PRESIDENT BEAUMONT PERTH, 21 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 10 June 2026, Adam Gray (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 17 June 2026, Commission staff contacted the Applicant by phone to inform them that the fee waiver form they had lodged was incomplete. The Applicant did not answer the call and a voice message was left requesting that they contact the Commission’s helpline. [4] On 24 June 2026, Commission staff contacted the Applicant and informed them that the fee waiver form they had lodged was incomplete. The Applicant was directed to provide a completed fee waiver form or pay the Application fee by 8 July 2026. On the same date, Commission staff contacted the Applicant by phone to discuss the incomplete fee waiver form. The Applicant did not answer the call and a further voice message was left requesting that they return the Commission’s call. [5] On 24 June 2026, Commission staff sent a further email to the Applicant regarding the incomplete fee waiver form. The Applicant was directed to provide a completed fee waiver form or pay the Application fee by 8 July 2026. [6] On 3 July 2026, Commission staff contacted the Applicant by phone regarding the incomplete fee waiver form. The Applicant did not answer the call and a voice message was left to inform that the fee waiver form was required to be complete for the Commission to proceed with the assessment of the fee waiver and requested that they contact the Commission as soon as possible. [2026] FWC 2728 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 2728 2 [7] On 7 July 2026, Commission staff contacted the Applicant to remind them that the fee waiver form remained incomplete. The Applicant was again directed to return the Commission’s call as soon as possible regarding the fee waiver form. [8] My Chambers emailed the Applicant on 10 July 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. [9] The Applicant has not responded to the Commission’s correspondence of 17 June 2026, 24 June 2024, 3 July 2026, 7 July 2026 or 10 July 2026 in respect of the incomplete fee waiver form and outstanding fee. [10] 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 [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 notifications have been disregarded. [11] 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 Adam Gray on 10 June 2026 is dismissed. DEPUTY PRESIDENT Matter determined on the papers Printed by authority of the Commonwealth Government Printer <PR812283> -- 2 of 2 --