Jacob Mason v Parkside Holdings Pty. Ltd

[2025] FWC 12

[2025] FWC 12

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Jacob Mason
v

Parkside Holdings Pty. Ltd.

(U2024/10101)

DEPUTY PRESIDENT BEAUMONT PERTH, 2 JANUARY 2025

Application for an unfair dismissal remedy – lack of prosecution – dismissal under s.587(1)(c) at the Commission’s initiative - application has no reasonable prospects of success.

1. On 30 August 2024, Mr Jacob Mason filed an application by telephone for a remedy for unfair dismissal under s 394 of the Fair Work Act 2009 (the Act).

1. For the reasons that follow, I am satisfied that Mr Mason’s application has no reasonable prospects of success and should be dismissed.

1. On 4 September 2024, correspondence was sent to Mr Mason to request the start date of his employment as this question on his Form F2 application was incomplete.

1. Commission staff have tried to contact Mr Mason on the following dates:

·   4 September 2024 by telephone and letter; and

·   18 September 2024 by telephone.

1. Commission staff sought further information from Mr Mason about whether he had served the minimum employment period.

1. In a telephone call on 4 September 2024, Mr Mason advised he would contact the Commission once he obtained his start date.

1. To date Mr Mason has not provided any further information that supports his eligibility to make the application.

Section 587

1. The relevant provisions in s 587 of the Act are as follows:

“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.”

1. The words, “Without limiting when the FWC may dismiss an application” at the commencement of s 587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s 587(1).

1. 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. In such circumstances, the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

Does Mr Mason’s application have any reasonable prospects of success

1. The Commission cannot consider the fairness of Mr Mason’s dismissal until it is satisfied that he is eligible to make an unfair dismissal claim.

1. The information provided by Mr Mason on his Form F2 application is unclear as to whether he is eligible to make an unfair dismissal application

1. Mr Mason has been on notice since 22 November 2024 of the likely consequences for his application if he does not respond. No response has been received.

1. In the circumstances, I have decided to dismiss Mr Mason’s application on my own initiative pursuant to s 587(3)(a) of the Act for want of prosecution, it being evident that Mr Mason’s application has no prospects of success.

1. I have separately made an order to this effect (PR782950).

DEPUTY PRESIDENT

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<PR782949>