Zachary Matthews v BRS Operations Pty Ltd
[2025] FWC 2017
•14 JULY 2025
| [2025] FWC 2017 |
| FAIR WORK COMMISSION |
| DECISION AND ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Zachary Matthews
v
BRS Operations Pty Ltd
(U2025/4791)
| DEPUTY PRESIDENT EASTON | SYDNEY, 14 JULY 2025 |
Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution.
On 22 April 2025, Mr Zachary Matthews made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Matthews did not attend a telephone conciliation conference scheduled for 21 May 2025.
Commission staff tried to contact Mr Matthews on 21 May and 5 June 2025 about whether he wants to continue his unfair dismissal claim. Mr Matthews has not responded to the Commission’s correspondence.
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 Matthews 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 Matthews’ application. I make the following order:
A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Zachary Matthews on 22 April 2025 is dismissed.
DEPUTY PRESIDENT
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