s.365 - General protections

Application to deal with contraventions involving dismissal - dismissal under s.587 of the Act at the Commission's initiative - application not made in accordance with the Act.

• [1] On 31 July 2025 Mr Liam Cracknell made a general protections application to the Fair Work Commission under s.365 of the Fair Work Act 2009 (Cth).

• [2] Mr Cracknell's application was not made in accordance with the Act (per s.587(1)(a)) because the application was made prior to the effect dismissal date of 7 August 2025.

• [3] Mr Cracknell was invited to make an application to waive the irregularity (per Mihajlovic v Lifeline Macarthur [2014] FWCFB 1070) by 12 September 2025.

• [4] No response was received from Mr Cracknell.

• [5] A follow up telephone call was made on 23 September 2025. Mr Cracknell did not respond.

• [6] Section 587 of the Act provides:

(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.

• [7] Section 587 allows the Commission to dismiss an application if it is apparent that the applicant has stopped pursuing or participating in the proceedings they commenced. In such circumstances the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]).

• [8] Section 587(3) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. The words "w_ithout limiting when FWC may dismiss an application_" in s.587(1) confirm that the power to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

• [9] I am satisfied that Mr Cracknell has demonstrated that he does not intend to prosecute his application. Mr Cracknell has not responded to multiple attempts to contact him.

• [10] I am also satisfied that Mr Cracknell 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 Cracknell's application. I make the following order:

1. The application under s.365 of the Fair Work Act 2009 (Cth) made by Mr Liam Cracknell on 31 July 2025 is dismissed.

Printed by authority of the Commonwealth Government Printer