Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - s.399A dismissal

• [1] On 6 May 2025, Mr David Walker applied for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (Cth) (the Act) in relation to his former employment with Next Level Elevators Pty Ltd (Next Level Elevators).

• [2] On 14 July 2025, Next Level Elevators applied under s.399A of the Act for the application to be dismissed.

• [3] Section 399A of the Act permits the Commission to dismiss an application for an unfair dismissal remedy if the applicant has unreasonably failed to comply with a direction of the Commission relating to the application or has failed to attend a conference conducted by the Commission in relation to the application.

1. On 10 June 2025, I issued Directions and a Notice of Listing to the parties. Among other things, the Directions required Mr Walker to file and serve an outline of submissions, any witness statements and other evidentiary material on which he wished to rely by 4.00pm on Tuesday, 24 June 2025, and advised that the matter was listed for jurisdictional hearing at 10.00am on 17 July 2025.

1. Mr Walker did not file any materials by 24 June 2025. At 4.50pm on 25 June 2025, Chambers sent an email to Mr Walker reminding him of his overdue materials and directing Mr Walker to file and serve his materials by close of business the following day. Mr Walker did not respond or file any materials by the extended filing date.

1. At 12.32pm on 14 July 2025, Chambers emailed the parties confirming that no materials had been received from Mr Walker in compliance with the Directions and requesting the parties provide their views on whether the matter be determined on the papers by 9.00am on Tuesday, 15 July 2025. Mr Walker did not respond to the email and did not provide any views about how the matter should proceed.

• [5] It is evident that Mr Walker has not complied with the Directions. He has not provided any explanation for this failure, and there is no other evidence or indication on the file to the effect that Mr Walker is unable to comply with the Directions or to correspond with the Commission as required.

• [6] In the circumstances, I am satisfied that Mr Walker has unreasonably failed to comply with directions of the Commission.

• [7] Application U2025/5598 is dismissed under s.399A of the Act.

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