Fair Work Act 2009

s 394 - Unfair dismissal

Application for an unfair dismissal remedy - section 587 - application dismissed.

• [1] On Tuesday 20 May 2025, Ms Emma Sheed applied to the Fair Work Commission under s 394 of the Fair Work Act 2009 (Cth) contesting her dismissal by Aerison Pty Ltd. Ms Sheed's employment ended by way of redundancy on Friday 21 March 2025. Her application is 39 days outside of the 21-day deadline for filing an unfair dismissal application.

• [2] I conducted a case management conference on Monday 7 July 2025. Ms Sheed did not attend the case management conference. I subsequently listed the matter for arbitration of whether an extension of time should be granted and issued directions to the parties for the filing of material.

• [3] Ms Sheed was directed to file her materials by 12:00pm AWST, Thursday 10 July 2025. She did not comply with this direction. My Chambers wrote to Ms Sheed on Thursday 10 July 2025 advising that the Commission had not received any materials from her and that the material must be provided by Friday 11 July 2025 along with a reason for the delay.

• [4] Ms Sheed did not file any material or give any reason for the delay.

• [5] On Friday 11 July 2025, my Chambers wrote to Ms Sheed again, informing her that in the absence of any material from her, I was considering dismissing her application under section 587 of the Act on the basis that the application has no reasonable prospects of success.

• [6] Ms Sheed was directed to provide any submissions on whether the application should or should not be dismissed by 12:00pm AWST, Tuesday 15 July 2025.

• [7] To date, Ms Sheed has not responded to any correspondence from the Commission.

• [8] Section 587 of the Act states 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:

• [9] I refer the decision of Deputy President Easton in Bond v Carbridge Pty Ltd T/A Carbridge,[1] where at [11]-[16] of the decision the Deputy President summarised the relevant principles that apply to the exercise of the Commission's power under s 587. I respectfully agree and adopt the Deputy President's observations.

• [10] In this matter, I consider it appropriate to exercise my discretion to dismiss Ms Sheed's application in accordance with s 587(3)(c) of the Act. Section 587 should be engaged cautiously. However, Ms Sheed did not attend the case management conference and has not filed any material in support of her application despite three separate opportunities to do so. Without her participation or material, her case has no reasonable prospects of success.

• [11] The application is therefore dismissed. An Order will issue accordingly.[2]

[1] [2024] FWC 1302.

[2] PR789662.

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