Johnathan Black v Arden Architectural Pty Ltd
[2025] FWC 543
•21 FEBRUARY 2025
| [2025] FWC 543 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Johnathan Black
v
Arden Architectural Pty Ltd
(U2024/10604)
| DEPUTY PRESIDENT EASTON | SYDNEY, 21 FEBRUARY 2025 |
Application for an unfair dismissal remedy – lack of prosecution – dismissal under s.587(3)(a) at the Commission’s initiative.
On 8 September 2024, Mr Johnathan Black filed an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).
A conciliation conference was scheduled on 8 October 2024, Mr Black did not attend at the listed time, however he did eventually return the conciliator’s call and told the conciliator that he was unable to participate because he was at work and had mixed up his days.
A second conciliation conference was scheduled for 6 November 2024, Mr Black did not attend.
Since then Mr Black has not responded to any of the Commission’s attempts to contact him and has taken no steps to prosecute his claim.
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]).
In these circumstances I am satisfied that the facility under s.587(3)(a) can and should be engaged to dismiss Mr Black’s application.
Mr Black has been on notice that his application could be dismissed under s.587, and has had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application.
For these reasons I have decided to dismiss Mr Black’s application for want of prosecution, and make the following order.
1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Johnathan Black on 8 September 2024 is dismissed.
DEPUTY PRESIDENT
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