Garry Krestensen v Retene Pty Ltd Trading as Raine & Horne Commercial Port Macquarie
[2025] FWC 2721
•12 SEPTEMBER 2025
| [2025] FWC 2721 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Garry Krestensen
v
Retene Pty Ltd Trading AS Raine & Horne Commercial Port Macquarie
(U2025/5948)
| 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 14 May 2025, Mr Garry Krestensen 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 Krestensen application raised a concern about whether the application was filed within the 21 day time limit.
Commission staff tried to contact Mr Krestensen on 17 June and 27 June 2025 about this concern. Mr Krestensen 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 Krestensen 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 Krestensen’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Garry Krestensen on 14 May 2025 is dismissed.
DEPUTY PRESIDENT
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