Amaka Ndiwe v BUPA [2025] FWC 3634

1 Fair Work Act 2009 s.394—Unfair dismissal Amaka Ndiwe v BUPA (U2025/13680) DEPUTY PRESIDENT EASTON SYDNEY, 27 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 22 August 2025, Amaka Ndiwe made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] The Applicant’s application was incomplete because they did not pay the application fee or provide a completed application to waive the fee. [3] Commission staff attempted to contact the Applicant on 26 August, 1 September and 28 October 2025 by telephone, SMS and email. [4] Section 587 confers a discretion on the Commission to dismiss the Applicant’s application if it has not been made in accordance with the Act. The Applicant has had ample opportunity to rectify the deficiency in their application and has had ample opportunity to show why their 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). [5] I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Amaka Ndiwe on 22 August 2025 is dismissed. DEPUTY PRESIDENT [2025] FWC 3634 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 3634 2 Printed by authority of the Commonwealth Government Printer <PR794303> -- 2 of 2 --