Kellie Grahame v The Trustee for Bunbury Family Doctors Trust

[2025] FWC 1539

[2025] FWC 1539

The attached document replaces the document previously issued with the above code on 4 June 2025.

The attached document wholly replaces the document previously issued with code [2025] FWCFB 111 to correct document referencing.

Relief Associate to Deputy President O’Keeffe

Dated 4 June 2025.

[2025] FWC 1539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 394—Unfair dismissal

Kellie Grahame
v

The Trustee For Bunbury Family Doctors Trust

(U2025/4477)

DEPUTY PRESIDENT O’KEEFFE PERTH, 4 JUNE 2025

Application for an unfair dismissal remedy– failed to respond to correspondence – application dismissed pursuant to s 587 of the Act.

1. On 10 April 2025 Ms Kellie Grahame (the Applicant) applied under s 394 of the Fair Work Act2009 (the Act) for a remedy for alleged unfair dismissal.  On 23 April 2025 Bunbury Doctors Pty Ltd as trustee for the Bunbury Family Doctors Trust (the Respondent) lodged a response to the application, indicating a jurisdictional objection that the Respondent was a small business as defined in the Act and had complied with the Small Business Fair Dismissal Code.  The matter was allocated to my Chambers on 8 May 2025.

2. On 13 May 2025 the parties were sent a notice of listing for a conference to be held on 28 May 2025.  On that date the Respondent attended with representation but the Applicant failed to appear.  Telephone calls and emails were sent to the Applicant asking if she intended to attend but no answer was received.  As a consequence, I caused the following email to be sent later that day:

   “Dear Ms Grahame,

   Deputy President O'Keeffe notes with some concern your non-attendance at this afternoon’s scheduled conciliation conference to deal with your unfair dismissal application.  You should be aware that the Respondent was present along with their legal representative, meaning they have incurred expense and have had to cancel patient bookings for no reason.  The Deputy President has checked the email sent to parties with the notice of listing and confirms that it was sent to the email address provided by you.

   Non-attendance at a scheduled listing of the Commission is a serious matter.  Given this, you are now directed as follows:

   1.     You must provide to Chambers in writing by no later than 4.00pm Thursday 29^th May 2025 an acceptable reason for your non-attendance; and

   2.     You must include appropriate evidence to support that reason.

   You are advised that the Deputy President will consider your reason and decide whether it is sufficient to warrant the matter proceeding.  You should also be aware that if no response is received by the time set out above, the Deputy President will dismiss your application without any further correspondence.”

3. No response was received by that time.  As at 9.30am on 3 June 2025 there had still been no response.

4. Previous decisions of the FWC have found that the items in s 587(1)(a)-(c) do not limit the powers of the FWC to dismiss applications (Samuel v Collins Transport Group Pty Ltd [2019] FWC 5521. In this instance, the Applicant has failed to attend a scheduled listing and has failed to respond to requests for an explanation. Given this, I am satisfied that the Applicant has demonstrated that she does not intend to prosecute her claim.

5. In these circumstances, I am persuaded to exercise my powers under s 587 to dismiss the application.  An order to that effect will issue.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR787924>