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[2026] FWC 123
General information, not legal advice.
Fair Work Commission
2026-01-14
Original judgment source is linked above.
Printed by authority of the Commonwealth Government Printer
Ben Nixon
Bega Concrete Tanks Pty Limited [2026] FWC 123
[4] 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]).