Paul Bastock v Shadforth's Civil Pty Ltd
[2025] FWC 3008
•9 OCTOBER 2025
| [2025] FWC 3008 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Paul Bastock
v
Shadforth’s Civil Pty Ltd
(U2025/2899)
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 OCTOBER 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 11 March 2025, Mr Paul Bastock made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
On 28 March 2025 the Commission was notified by Mr Bastock’s representative, Law on Lydiard, that the parties had reached an in-principle agreement to resolve Mr Bastock’s application. A conciliation conference scheduled for 7 April 2025 was vacated.
Since then neither Mr Bastock nor his representative, Law on Lydiard, has discontinued the application or taken any steps to prosecute Mr Bastock’s case. Law on Lydiard advised that they have not been able to contact Mr Bastock.
Commission staff asked for updates on 11 April, 28 April and 11 June 2025. No response has been received.
It appears that Mr Bastock is no longer pursuing his unfair dismissal claim.
Section 587 allows the Commission to dismiss an application on the Commission’s own initiative 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 Bastock has been on notice that his application could be dismissed under s.587, and has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application.
In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Bastock’s application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Paul Bastock on 11 March 2025 is dismissed.
DEPUTY PRESIDENT
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