Mitchell Black v Melville Group Pty Ltd

[2024] FWC 865

[2024] FWC 865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Mitchell Black
v

Melville Group Pty Ltd

(U2024/1548)

DEPUTY PRESIDENT EASTON SYDNEY, 4 APRIL 2024

Application for an unfair dismissal remedy

1. Mr Mitchell Black was employed by Melville Group Pty Ltd until he was dismissed on 10 February 2024. On 13 February 2024, Mr Black filed an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. A conciliation conference was scheduled on 6 March 2024 however Mr Black did not attend.

1. On 14 March 2024, correspondence was sent to Mr Black in relation to his non-attendance at the scheduled conciliation, requiring him to respond by 21 March 2024. Mr Black did not respond to this correspondence.
   
   

2. Further correspondence was sent to Mr Black on 25 March 2024, requiring him to respond by 5:00pm on 28 March 2024. In this correspondence Mr Black was also advised that his application may be dismissed without further notice if he did not respond. Mr Black did not respond to this correspondence.

1. On 2 April 2024 the Commission attempted to contact Mr Black by telephone twice however Mr Black could not be reached. On 3 April 2024 the Commission again attempted to contact Mr Black by telephone twice, again without success.

1. To date, Mr Black has not responded to any of the Commission’s attempts to contact him.

1. Section 587 of the Act provides:

587  Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or
 (b) the application is frivolous or vexatious; or
 (c) the application has no reasonable prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773, or an application under section 527F that does not consist solely of an application for a stop sexual harassment order, on the ground that the application:

(a) is frivolous or vexatious; or
 (b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or
 (b) on application.

1. The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

1. In the circumstances I have decided to dismiss Mr Black’s application on my own initiative for want of prosecution, utilising the facility provided by s.587(3)(a) of the Act.

1. I have separately made an order to this effect (PR773167).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR773166>