Luke Coffey v Skillinvest Limited

[2025] FWC 473

[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

1. 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.

1. 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

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