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Fatafehi Fredrick Alipate v John Holland Pty Ltd [2025] FWC 1710 | Case summary | Zoe

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Home/Cases/[2025] FWC 1710

CTHFWC

Fatafehi Fredrick Alipate v John Holland Pty Ltd [2025] FWC 1710

[2025] FWC 1710

Fair Work Commission|2025-06-18

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At a glance

Source facts

Court

Fair Work Commission

Decision date

2025-06-18

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 Fatafehi Fredrick Alipate on 9 April 2025 is dismissed.

Fair Work Act 2009

[2]

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

Fatafehi Fredrick Alipate

Respondent/Defendant:

John Holland Pty Ltd [2025] FWC 1710

Legislation Cited (1)

Work Act 2009

Cases Cited (2)

Fatafehi Fredrick Alipate v John Holland Pty Ltd [2025] FWC 1710 (18 June 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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