Jason Mullie-Locke v Polar Bear HVAC Services Pty Ltd
[2025] FWC 2704
•11 SEPTEMBER 2025
| [2025] FWC 2704 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Jason Mullie-Locke
v
Polar Bear HVAC Services Pty Ltd
(U2025/4974)
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 22 April 2025 Mr Jason Mullie-Locke made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Mullie-Locke’s application raised a concern about whether he had in fact been dismissed and if he had, the date that the dismissal took effect.
Commission staff tried to contact Mr Mullie-Locke on 8 May, 23 May, 26 June and 4 September 2025 about his application. Mr Mullie-Locke has not responded to the Commission’s correspondence or calls.
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 Mullie-Locke 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 Mullie-Locke’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Jason Mullie-Locke on 22 April 2025 is dismissed.
DEPUTY PRESIDENT
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