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Clayton Elliott v Poletech Pty Ltd [2025] FWC 2731 | Case summary | Zoe

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Home/Cases/[2025] FWC 2731

CTHFWC

Clayton Elliott v Poletech Pty Ltd [2025] FWC 2731

[2025] FWC 2731

Fair Work Commission|2025-09-12

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At a glance

Source facts

Court

Fair Work Commission

Decision date

2025-09-12

Source

Original judgment source is linked above.

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Judgment (2 paragraphs)

[1]

The application under s.394 of the (Cth) made by Mr Clayton Elliott on 5 June 2025 is dismissed.

Fair Work Act 2009

[2]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Clayton Elliott

Respondent/Defendant:

Poletech Pty Ltd [2025] FWC 2731

Legislation Cited (1)

Work Act 2009

Cases Cited (2)

Clayton Elliott v Poletech Pty Ltd [2025] FWC 2731 (12 September 2025)

[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]).

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