Isaac Trudgett v Unknown
[2025] FWC 423
•14 FEBRUARY 2025
[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
v
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
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