Caimin Yu v Foxville Projects Group (NSW) Pty Ltd Summary

[2025] FWC 1985

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Caimin Yu
v

Foxville Projects Group (NSW) Pty Ltd

(U2024/15248)

DEPUTY PRESIDENT EASTON

SYDNEY, 11 JULY 2025

Application for an unfair dismissal remedy – dismissal under s.587 for want of prosecution.

On 18 December 2024, Mr Caimin Yu made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

Mr Yu’s application raised a concern about, in the first instance that Foxville Projects Group (NSW) Pty Ltd being in administration and at later date, about liquidation.

Commission staff tried to contact Mr Yu on 10 February and 16 June 2025 about this concern.

Mr Yu responded on 17 February 2025, however he did not provide any additional relevant information regarding Foxville Projects Group (NSW) Pty Ltd being in administration or liquidation. There has been no further response since that date.

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 Yu 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 Yu’s application. I make the following order:

A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Caimin Yu on 18 December 2024 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caimin Yu sought relief from the Fair Work Commission for an alleged unfair dismissal by Foxville Projects Group (NSW) Pty Ltd. The application was lodged under section 394 of the Fair Work Act 2009. The dispute centred on whether the dismissal was unjust, with a particular emphasis on the status of Foxville Projects Group (NSW) Pty Ltd, which had transitioned from administration to liquidation. Commission staff attempted to contact Mr Yu on two occasions to address concerns regarding the company's status, but received only a partial response from Mr Yu on 17 February 2025, with no further communication.

The primary legal issue before the court was whether the application should be dismissed for want of prosecution under section 587 of the Fair Work Act. This section empowers the Commission to dismiss an application if the applicant's conduct or omissions indicate a lack of willingness to proceed with the case. The court had to determine if Mr Yu's failure to provide additional information about the company's status and his lack of further communication amounted to a lack of participation in his own case.

Deputy President Easton determined that Mr Yu had ample opportunity to present a case on all pertinent matters. Given Mr Yu's limited and incomplete response, the court concluded that the application for unfair dismissal could be dismissed under section 587. The decision was made to dismiss the application, as Mr Yu had not demonstrated a continued commitment to the proceedings. The court issued an order dismissing Mr Yu's application under section 394 of the Fair Work Act 2009.

Caimin Yu v Foxville Projects Group (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established