s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - application dismissed.

• [1] On 1 November 2025, Mr Daniel Caudo (the Applicant) lodged an application pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act) in relation to the termination of his employment with Seeley International Pty. Ltd (the Respondent).

• [2] The Act provides that an Applicant for an unfair dismissal remedy made pursuant to s.394 of the Act must make an application within 21 days after the dismissal took effect, however, the Fair Work Commission may allow a further period for the application to be made in exceptional circumstances.

• [3] The application appeared to have been lodged out of time.

• [4] The matter was allocated to my Chambers on 7 November 2025.

• [5] On 10 November 2025, my Chambers issued a Notice of Listing to the parties advising a Hearing was listed on 28 November 2025 in respect of the extension of time and provided Directions for the filing of material.

• [6] Paragraph [9] of the Directions that required the Applicant to file their materials by no later than 4:00pm Wednesday, 19 November 2025.

• [7] At 2:00pm on 19 November 2025, I conducted a case management conference, and the Applicant was reminded that his materials were due at 4:00pm that day. The Applicant advised me that he would not be in a position to file his materials by that time. The due date was extended to 10:00am, 20 November 2025. The Applicant was advised that if he failed to file the materials by that time, it was likely that the Application would be dismissed.

• [8] The Applicant has not filed his materials, and there has been no communication to my Chambers as to an explanation or request for extension.

(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.

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:

• [10] The Applicant has failed to prosecute his case.

• [11] Based on the Applicant's failure to submit evidence in support of the extension of time application, the Application has no reasonable prospects of success.

• [12] Pursuant to section 587 of the Act, the Application is dismissed. An Order dismissing the Application will be published contemporaneously with this decision.

Printed by authority of the Commonwealth Government Printer