Isaac Trudgett v Unknown

[2025] FWC 423

The attached document replaces the document previously issued with the above code on 14 February 2025.

A typographical error has been corrected in paragraph 7.

Associate to Deputy President Easton

Dated 17 February 2025

[2025] FWC 423

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.372 - Application to deal with other contravention disputes

Isaac Trudgett

Unknown

(C2025/545)

DEPUTY PRESIDENT EASTON

SYDNEY, 14 FEBRUARY 2025

Application to deal with other contraventions dispute

Mr Issac Trudgett made an application under s.372 for the Fair Work Commission to deal with a non-dismissal dispute about alleged contraventions of the general protection provisions of the Fair Work Act 2009 (the Act) on 16 January 2025.

Mr Trudgett’s application was incomplete because he did not include the name of his employer.

Commission staff tried to contact Mr Trudgett by telephone, SMS and by email and gave Mr Trudgett the opportunity to rectify the shortfalls in his application.

Section 587 of the Act provides:

“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.

…

(3)       The FWC may dismiss an application:
(a)       on its own initiative; or
(b)       on application.”

Section 587 allows the Commission to dismiss an application if it is apparent that the applicant has stopped pursuing or participating in the proceedings they commenced. Section 587(3) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. The words “without limiting when FWC may dismiss an application” in s.587(1) confirm that the power to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

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]).

In these circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Trudgett’s application. I have decided to dismiss the application on my own initiative for want of prosecution, utilising the facility provided by s.587(3)(a) of the Act and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Issac Trudgett on 16 January 2025 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Isaac Trudgett has applied to the Fair Work Commission (FWC) for the Commission to deal with a non-dismissal dispute concerning alleged contraventions of the general protection provisions of the Fair Work Act 2009. The application was filed on 16 January 2025 and the employer’s name was not included. The FWC attempted to contact Mr Trudgett to rectify this but the application was not amended. The Deputy President has dismissed the application on the basis that it is apparent Mr Trudgett has stopped pursuing or participating in the proceedings.

The legal issues in this case revolve around whether the FWC has the authority to dismiss an application under section 587 of the Fair Work Act. This section allows the FWC to dismiss an application if it is not made in accordance with the Act, is frivolous or vexatious, or has no reasonable prospects of success. Additionally, section 587(3) provides that the FWC may dismiss an application on its own initiative if the applicant has stopped pursuing or participating in the proceedings they commenced.

The Deputy President found that the application was not made in accordance with the Act because the employer's name was not included. Despite attempts to contact Mr Trudgett to rectify this omission, the application remained incomplete. The Deputy President also found that the applicant had stopped pursuing or participating in the proceedings. The Deputy President was satisfied that the facility under s.587 can and should be engaged to dismiss Mr Trudgett’s application. The Deputy President dismissed the application on the basis that it was apparent Mr Trudgett had stopped pursuing or participating in the proceedings.

The final order made by the Deputy President was that the application under s.394 of the Fair Work Act 2009 made by Mr Issac Trudgett on 16 January 2025 is dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established