Luke Coffey v Skillinvest Limited

[2025] FWC 473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Luke Coffey
v

Skillinvest Limited

(U2024/14406)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 17 FEBRUARY 2025

Application under s 399A – failure to comply with directions – application granted

The following is an edited version of a decision delivered on transcript earlier today. Luke Coffey has made an unfair dismissal application under s 394 of the Fair Work Act 2009 (Act). On 15 January 2025, I issued directions that Mr Coffey file an outline of argument and statements of evidence by 12 February 2025. He failed to do so. On 14 February 2025, I listed the matter for a non-compliance hearing on 17 February 2025. On the morning of 17 February 2025, the respondent made an application under s 399A for the Commission to dismiss Mr Coffey’s application. I then advised the parties that I would consider the s 399A application at the non-compliance hearing on 17 February 2025. I waived the requirement in the Fair Work Commission Rules that a form F1 be filed, as the respondent had clearly set out its grounds for the s 399A application. The notice of listing stated that the parties were required to attend the non-compliance hearing and that s 600 of the Act allows the Commission to determine a matter in the absence of a person who was required to attend before it. Mr Coffey failed to attend the non-compliance hearing.

Section 399A states that the Commission may dismiss an application if it is satisfied that the applicant in an unfair dismissal matter has unreasonably failed to attend a conference or hearing held by the Commission or has unreasonably failed to comply with a direction of the Commission relating to the application (s 399A(1)(a) and (b)). Mr Coffey failed to comply with my directions of 15 January 2025. He has now also failed to attend today’s proceeding despite being required to do so. Mr Coffey has provided no explanation for these failings. I conclude that they were unreasonable. The discretion in s 399A is enlivened. It is appropriate to exercise it. Mr Coffey has failed to engage with his own application. That application is now dismissed.

DEPUTY PRESIDENT

Appearances:

No appearance for Mr Coffey
N. Huidobro for Skillinvest Limited

Hearing details:

2025
Melbourne (by Microsoft Teams)
17 February

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Luke Coffey versus Skillinvest Limited, the applicant, Luke Coffey, has applied for unfair dismissal under section 394 of the Fair Work Act 2009. The application was dismissed by the Fair Work Commission for failure to comply with procedural directions and absence from a required hearing. The applicant had been directed to file an outline of argument and statements of evidence by 12 February 2025, which he failed to do. The Commission listed the matter for a non-compliance hearing on 17 February 2025, which the applicant did not attend.

The legal issue the Commission had to decide was whether the applicant's failure to comply with directions and to attend the hearing was unreasonable under section 399A of the Fair Work Act 2009. Section 399A provides that the Commission may dismiss an unfair dismissal application if the applicant unreasonably fails to attend a conference or hearing or to comply with a direction of the Commission. The Commission found that the applicant's failure to comply with the directions and to attend the hearing was unreasonable and that it was appropriate to exercise the discretion to dismiss the application.

The Commission concluded that the applicant had failed to engage with his own application and that it was appropriate to dismiss it. The application was dismissed under section 399A of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established