s.365 - General protections

Application to deal with contraventions involving dismissal

• [1] On 29 August 2025, Mr Kyle Wright made an application to the Fair Work Commission (the Commission) under s.365 of the Fair Work Act 2009 (the Act) alleging that he was dismissed by QRT Labour Pty Ltd (the Respondent) in contravention of the general protections provisions of the Act.

• [2] The Respondent filed a Form F8A response to the application, in which it did not raise a jurisdictional objection. Accordingly, the matter was allocated to me on 8 October 2025 for the purpose of dealing with the application in accordance with s.368 of the Act.

• [3] On 9 October 2025, I informed the parties that the matter would be listed for a telephone conciliation conference on 17 October 2025. On the evening of 16 October 2025, Mr Wright sent an email to my chambers advising that he would be unable to attend the telephone conference as his phone plan had recently been cancelled and he does not have an active number. In the email, Mr Wright stated that he was open to attending a conference by other means.

• [4] On 17 October 2025, prior to the commencement of the conference, my chambers provided by email a link to allow Mr Wright to connect to the conference using Microsoft Teams. Noting that it appeared Mr Wright had an active internet connection, this method would have allowed Mr Wright to attend the conference without an active phone connection.

• [5] Mr Wright did not attend the conference on 17 October 2025, despite a further reminder email sent by my associate approximately 10 minutes after the commencement time. Later on 17 October 2025, I sent a further email to the parties advising that the conciliation conference was unable to proceed due to Mr Wright's non-attendance. In this correspondence, I asked Mr Wright to confirm whether he has an active internet connection and to advise his availability to participate in a conference in the following two weeks. Mr Wright did not respond to this email.

• [6] On 4 November 2025, I sent an email to the parties directing Mr Wright to advise, by no later than 7 November 2025, his availability to participate in a conference. I informed Mr Wright that failure to respond to this email may lead to his application being dismissed under s.587 of the Act. No response was received from Mr Wright.

• [7] Section 587 of the Act provides 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:

• [8] The words, "without limiting when the FWC may dismiss an application" at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in ss.587(1)(a), (b) and (c).

• [9] Mr Wright was given over a week's notice of the telephone conference listed on 17 October 2025. After advising on the evening before the conference that he would be unable to attend by telephone, Mr Wirght was promptly offered an alternative method to attend the conference. Following his non-attendance, Mr Wright was afforded a number of weeks to advise the Commission of his means and availability to participate in a conference.

• [10] Mr Wright has not responded to attempts made by the Commission to contact him since 17 October 2025. He has displayed an unwillingness to progress his application. In the circumstances, I have decided to dismiss Mr Wright's application for want of prosecution pursuant to s.587(3)(a) of the Act.

An Order [PR793638] giving effect to my decision will be issued.

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