Zhenmei Li v Foxville Projects Group (NSW) Pty Ltd Summary

[2025] FWC 1986

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Zhenmei Li
v

Foxville Projects Group (NSW) Pty Ltd

(U2024/15320)

DEPUTY PRESIDENT EASTON

SYDNEY, 11 JULY 2025

Application for an unfair dismissal remedy – dismissal under s.587 for want of prosecution.

On 19 December 2024, Mr Zhenmei Li made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

Mr Li’s application raised a concern about, in the first instance that Foxville Projects Group (NSW) Pty Ltd being in administration and at later date, about liquidation.

Commission staff tried to contact Mr Li on 10 February, 11 March and 16 June 2025 about these concerns. Mr Li has not responded to the Commission’s correspondence.

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 Li 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 Li’s application. I make the following order:

A.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Zhenmei Li on 19 December 2024 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Zhenmei Li filed an application for unfair dismissal against Foxville Projects Group (NSW) Pty Ltd under section 394 of the Fair Work Act 2009. The application was made on 19 December 2024, with the initial concern being that Foxville Projects was in administration, and later that it was in liquidation. The Commission attempted to contact Mr Li on several occasions to address these issues, but he did not respond to their correspondence.

The central legal issue before the Deputy President was whether the application could be dismissed under section 587 of the Fair Work Act for want of prosecution. This section allows the Commission to dismiss an application on its own initiative if the applicant's conduct or omissions indicate a lack of willingness to participate in their own case. The Deputy President noted that Mr Li had not responded to the Commission's attempts to contact him and concluded that he had had sufficient opportunities to present his case. Consequently, the Deputy President determined that the application could be dismissed under section 587.

Following the reasoning that Mr Li had not shown willingness to participate in his own case, the Deputy President dismissed Mr Li’s application for unfair dismissal. The Deputy President made an order that the application under section 394 of the Fair Work Act 2009, made by Mr Li on 19 December 2024, is dismissed.

Zhenmei Li v Foxville Projects Group (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established