s.394 - Unfair dismissal

• [1] On 16 June 2023, Mr Clinton Wallis made an application to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act), alleging that he had been dismissed from his employment with Defence Electrical Pty Ltd (the Respondent) and that his dismissal was harsh, unjust or unreasonable.

• [2] On 16 November 2023, the Respondent advised that it had been placed into creditors' voluntary liquidation. On 27 November 2023, a decision[1] was issued staying the matter until leave of a Court was granted.

• [3] On 11 December 2025, I caused my chambers to send correspondence to Mr Wallis' nominated email address requesting an update and particularly, whether Mr Wallis intended to seek leave of the Court. Mr Wallis was asked to reply by 19 December 2025. The correspondence placed Mr Wallis on notice that the application would likely be dismissed if he did not intend on seeking leave of the Court.

• [4] The Commission has not received any response from Mr Wallis.

• [5] Section 587 of the Act provides as follows:

(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.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

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

• [6] In the circumstances where leave of the Court is required to proceed, and that leave has not been sought by Mr Wallis, I am satisfied that Mr Wallis' application has no reasonable prospects of success. Accordingly, I have decided to dismiss the application pursuant to s.687(1)(c) of the Act. I do so at the Commission's initiative pursuant to s.587(3)(a) of the Act.

An Order to this effect will be issued with this decision.

[1] [2023] FWC 3050.

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