Johnathan Black v Arden Architectural Pty Ltd [2025] FWC 543 | Case summary | Zoe

CTHFWC

Johnathan Black v Arden Architectural Pty Ltd [2025] FWC 543

[2025] FWC 543

Fair Work Commission|2025-02-21

At a glance

AI case summary

Result

defendant. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Johnathan Black on 8 September 2024 is dismissed.

Key principles

Where an applicant for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (Cth) fails to attend two scheduled conciliation conferences and subsequently takes no...
The Commission is not required to persevere with an application where the applicant's conduct or omissions demonstrate that they are no longer willing to participate in their own...
The power under s.587(3)(a) may be exercised where the applicant has been on notice that their application could be dismissed under s.587 and has had the opportunity to put a...

Issues before the court

Whether the Fair Work Commission has power to dismiss an unfair dismissal application for want of prosecution under s.587(3)(a) of the Fair Work Act...
Whether the applicant's conduct demonstrates unwillingness to participate in the proceedings
Whether procedural fairness requirements have been met before exercising the power under s.587(3)(a)

Plain English Summary

The Fair Work Commission dismissed Mr Black's unfair dismissal claim because he failed to attend two scheduled conciliation conferences and stopped responding to the Commission's attempts to contact him. The Commission has power under section 587 of the Fair Work Act to dismiss applications where the applicant is not actively pursuing their case. The Commission found that Mr Black's conduct showed he was no longer willing to participate, and it was appropriate to dismiss his application rather than continue with proceedings he was not pursuing.

AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.

Judgment (14 paragraphs)

[1]

Johnathan Black v Arden Architectural Pty Ltd [2025] FWC 543 (21 February 2025)

[2]

Fair Work Act 2009

[3]

s.394 - Unfair dismissal

[4]

Application for an unfair dismissal remedy - lack of prosecution - dismissal under s.587(3)(a) at the Commission's initiative.

[5]

[1] On 8 September 2024, Mr Johnathan Black filed an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth).

[6]

[2] A conciliation conference was scheduled on 8 October 2024, Mr Black did not attend at the listed time, however he did eventually return the conciliator's call and told the conciliator that he was unable to participate because he was at work and had mixed up his days.

[7]

[3] A second conciliation conference was scheduled for 6 November 2024, Mr Black did not attend.

[8]

[4] Since then Mr Black has not responded to any of the Commission's attempts to contact him and has taken no steps to prosecute his claim.

[9]

[5] 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]).

[10]

[6] In these circumstances I am satisfied that the facility under s.587(3)(a) can and should be engaged to dismiss Mr Black's application.

[11]

[7] Mr Black has been on notice that his application could be dismissed under s.587, and has had the opportunity to put a case for consideration on all matters material to the making of the decision to dismiss the application.

[12]

[8] For these reasons I have decided to dismiss Mr Black's application for want of prosecution, and make the following order.

[13]

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Johnathan Black on 8 September 2024 is dismissed.

[14]

Printed by authority of the Commonwealth Government Printer