Fair Work Act 2009

s.394 - Unfair dismissal

Great Southern Plumbing and Maintenance Pty Ltd

Application for an unfair dismissal remedy - application dismissed.

• [1] On 18 April 2025 Mr Aytash Shearer Kocak (Applicant) made an application pursuant to s.394 of the Fair Work Act 2009, alleging that he had been unfairly dismissed from his employment with Great Southern Plumbing and Maintenance Pty Ltd.

• [2] The matter was listed for conciliation on 18 June 2025. However, the conciliation did not proceed as the Applicant failed to attend. Attempts to contact the Applicant by telephone were unsuccessful, and he did not communicate with the Commission about his absence.

• [3] Later that same day, the Commission issued correspondence to the Applicant regarding his failure to attend the scheduled conference. The Applicant was directed to provide an explanation for his non-attendance. No response was received.

• [4] On 23 June 2025 further correspondence was sent to the Applicant affording him a final opportunity to respond. The Applicant was required to reply by 25 March 2025 and was advised that, in the absence of a response, his application may be dismissed.

• [5] As at the date of this decision, no correspondence has been received from the Applicant.

• [6] Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:

(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

(c) the application has no reasonable prospects of success.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

• [7] I am satisfied, on the basis of the Applicant's failure to attend the Commission proceeding and his repeated failure to respond to Commission correspondence, that he has not demonstrated any intention to pursue his unfair dismissal application. Accordingly, I have determined to dismiss the application for want of prosecution pursuant to s.587 of the Act.

• [8] An order dismissing the application will be issued with this decision.

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