Clayton Elliott v Poletech Pty Ltd
[2025] FWC 2731
•12 SEPTEMBER 2025
| [2025] FWC 2731 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Clayton Elliott
v
Poletech Pty Ltd
(U2025/9505)
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 5 June 2025, Mr Clayton Elliott made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
The application filed by Mr Elliott was incomplete in the following ways:
· that he did not provide the completed waiver (or payment of the application fee); and
· Mr Elliott did not specify the date he commenced employment.
Commission staff tried to contact Mr Elliott on 11 June and 23 June 2025 about these concerns. Mr Elliott has not responded to the Commission’s correspondence.
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 Elliott 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 Elliott’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Clayton Elliott on 5 June 2025 is dismissed.
DEPUTY PRESIDENT
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