Anthony Thomas v Australian Ilmenite Resources Pty Limited
[2025] FWC 3019
•9 OCTOBER 2025
| [2025] FWC 3019 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Anthony Thomas
v
Australian Ilmenite Resources Pty Limited
(U2025/9078)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 OCTOBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 26 May 2025, Mr Antony Thomas made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The information provided in Mr Thomas’ application raised a concern about whether the application was filed within the 21 day time limit.
Commission staff wrote to Mr Thomas on 20 June and 8 July 2025 about this concern.
To date no response has been received. On 27 June 2025 Mr Thomas’ support person telephoned the Commission and advised they were told that they were within time. Commission staff asked that Mr Thomas provide further information by email.
Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings for want of prosecution. If an applicant’s conduct or omissions show that they are no longer willing to participate in their own case the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).
I am satisfied that Mr Thomas has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Thomas’ application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Antony Thomas on 26 May 2025 is dismissed.
DEPUTY PRESIDENT
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