Sharna Camilleri v Thiess Pty Ltd

[2025] FWC 692

[2025] FWC 692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Sharna Camilleri
v

Thiess Pty Ltd

(C2025/434)

DEPUTY PRESIDENT DOBSON BRISBANE, 10 MARCH 2025

Application to deal with contraventions involving dismissal – s.587(3)(a) - application dismissed

1. This decision is about an application that was made by Ms Sharna Camilleri (Camilleri) pursuant to s.365 of the Fair Work Act2009 (Cth) (Act) against her former employer, Thiess Pty Ltd (the Respondent) filed on 15 January 2025 which Ms Camilleri ultimately failed to prosecute.

Background

1. The matter was allocated to me on 13 February 2025 for determination of the Respondent’s Jurisdictional Objection. On 20 February 2025, I issued directions for the filing of material. The directions included both the date and time for the determinative conference/hearing and a requirement that the Applicant file material by no later than 4:00pm (AEST) on 27 February 2025. Ms Camilleri failed to comply with this direction.

1. On 28 February 2025, my Chambers wrote to Ms Camilleri reminding her she had not complied with the direction, seeking an explanation and giving her until no later than 4:00pm (AEST) on 3 March 2025 to comply and to explain her failure. Further, she was advised that if she failed to comply again that the Commission would consider dismissing her application on the grounds that there would be no reasonable prospects of success as a result of her failure to prosecute her case. Ms Camilleri again failed to comply with this further direction.

1. On 4 March 2025, my Chambers wrote to the parties noting that Ms Camilleri had again failed to comply with the directions and provided a final opportunity to Ms Camilleri to make contact with my Chambers by 4:00pm (AEST) on 5 March 2025 and again advised her that if she failed to do so, her application may be dismissed without further notice to her. Again Ms Camilleri failed to comply with this third direction.

Consideration

1. The Act provides the circumstances that an application may be dismissed.[1]

1. I note that Act does not limit the reasons when the Fair Work Commission (FWC) may dismiss an application.[2] In considering further whether Ms Camilleri’s application should be dismissed on the initiative of the FWC,[3] I am satisfied that Ms Camilleri has unreasonably and repeatedly failed to comply with directions to file her materials, provide evidence to support reasons why she has not filed her materials or to respond to communication from my Chambers.

Conclusion

1. For these reasons, I consider that it is appropriate to dismiss Ms Camilleri’s application under s.587(3)(a) for want of prosecution. Pursuant to s.587(3)(a), Ms Camilleri’s general protections application is dismissed. I so order.

DEPUTY PRESIDENT

[1] 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 general protections 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 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.

[2] Fair Work Act 2009 (Cth) s.587(1).

[3] Ibid s.587(3)(a).

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