Hugo Meagher v Department of Employment and Workplace Relations

[2024] FWC 3158

[2024] FWC 3158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Hugo Meagher
v

Department of Employment and Workplace Relations

(C2024/6352)

DEPUTY PRESIDENT DEAN CANBERRA, 15 NOVEMBER 2024

Application to deal with a dispute – application dismissed for failure to comply with directions

1. This decision concerns an application made by Mr Hugo Meagher (Applicant) pursuant to s.739 of the Fair Work Act 2009 for the Commission to deal with a dispute with the Department of Employment and Workplace Relations (the Respondent) under the dispute settlement procedure in the Department of Employment and Workplace Relations Enterprise Agreement 2024-27.

1. There has been extensive correspondence between the Commission and the Applicant in relation to this matter and another application made by the Applicant alleging bullying and harassment.

2. A conference was listed on 25 October 2024 which the Applicant and Respondent attended. At the conclusion of the conference, a hearing date was set and directions were issued requiring the parties to file and serve material in support of their positions. The parties also agreed on a question for determination by the Commission.

3. The directions required the Applicant to file and serve his material by 8 November 2024. The Applicant did not do so. The Commission provided additional time to the Applicant, extending the date by which his material was due to 13 November 2024. Again, no material was filed by the Applicant. The Applicant was informed by email that a failure to comply with directions of the Commission may lead to his application being dismissed.

4. On 14 November 2024, the Commission again wrote to the Applicant as no material had been filed by him. He was advised that a failure to comply with directions without a compelling reason would result in his application being dismissed, and he was given further time to explain his non-compliance.

1. No correspondence or contact has been received from the Applicant to this date.

1. Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or
(b) the application is frivolous or vexatious; or
(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. The Applicant has failed to comply with directions of the Commission, despite additional time being granted to him to do so. He has not responded to any recent correspondence of the Commission. I am satisfied that the Applicant has not demonstrated an intention to pursue his application and accordingly, I have decided to dismiss the application for want of prosecution pursuant to s.587 of the Act.

1. An order dismissing the application will be issued with this decision.

DEPUTY PRESIDENT

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