Max Clarke v SKF Australia Pty. Ltd
[2025] FWC 2741
•12 SEPTEMBER 2025
| [2025] FWC 2741 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Max Clarke
v
SKF Australia Pty. Ltd.
(U2025/9989)
| DEPUTY PRESIDENT EASTON | SYDNEY, 12 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 14 June 2025, Mr Max Clarke made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Clarke’s application raised a concern about whether Mr Clarke had worked the minimum employment period.
Mr Clarke indicated in his Form F2 Unfair Dismissal Application that he commenced employment with SKF Australia Pty Ltd on 23 June 2025 and that his dismissal took effect on 10 June 2025. The nominated start date of 23 June 2025 is obviously an error.
Commission staff tried to contact Mr Clarke on 19 June and 7 July 2025 about this concern by telephone calls and email. Mr Clarke has not responded to provide any further information that supports his eligibility to make the application.
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 Clarke 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 Clarke’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Max Clarke on 14 June 2025 is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR791738>
0