Noah Wilde v Upper Lachlan Shire Council

[2025] FWC 461

[2025] FWC 461

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Noah Wilde
v

Upper Lachlan Shire Council

(U2024/14071)

DEPUTY PRESIDENT EASTON SYDNEY, 14 FEBRUARY 2025

Application for an unfair dismissal remedy.

1. On 25 November 2024, Mr Noah Wilde made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. Mr Wilde indicated in the Form F2 Unfair Dismissal Application that he was employed by Upper Lachlan Shire Council. On the information provided by Mr Wilde he is a local government employee in New South Wales and is not entitled to make an unfair dismissal claim because he was not employed by a National System Employer.

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.

…

(3)       The FWC may dismiss an application:

(a)       on its own initiative; or

(b)       on application.”

1. The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]-[16] (Bond)). An application should not be dismissed under s.587 unless it is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings.

1. Applicants must be given a fair opportunity to show that their application does in fact have some reasonable prospects of success. I am satisfied that Mr Wilde has had the opportunity to put his case for consideration on all matters material to the making of the decision to dismiss his application under s.587 (see Bond at [15]-[16]).

1. I am satisfied that Mr Wilde’s claim has no reasonable prospect of success within the meaning of s.587(1)(c), and that it is appropriate in the circumstances to dismiss his application on the Commission’s own initiative by the facility available in s.587(3)(a).

1. For these reasons I have decided to dismiss Mr Wilde’s unfair dismissal application and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Noah Wilde on 25 November 2024 is dismissed.

DEPUTY PRESIDENT

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