Amy Cook v The Trustee For Tapco Unit Trust [2025] FWC 3574

1 Fair Work Act 2009 s.394—Unfair dismissal Amy Cook v The Trustee For Tapco Unit Trust (U2025/14052) DEPUTY PRESIDENT EASTON SYDNEY, 26 NOVEMBER 2025 Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed. [1] On 29 August 2025, Mrs Amy Cook made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Mrs Cook’s application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. [3] Commission staff attempted to contact Mrs Cook’s on 4 September, 8 September and 9 September 2025 by telephone, SMS and email. [4] Section 587 confers a discretion on the Commission to dismiss Mrs Cook’s application if it has not been made in accordance with the Act. Mrs Cook has had ample opportunity to rectify the deficiency in her application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). [2025] FWC 3574 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 3574 2 [5] I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mrs Amy Cook on 29 August 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR794206> -- 2 of 2 --