s.394 - Unfair dismissal

Application for an unfair dismissal remedy - dismissal under s.587(1)(c) at the Commission's initiative for want of prosecution.

• [1] On 19 November 2025, Mr Mark Lanza-Volpe made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth) against BME Solutions Pty Ltd.

• [2] The Commission was informed that BME Solutions Pty Ltd has been placed into liquidation. Section 500(2) of the Corporations Act 2001 (Cth) provides as follows:

"After the passing of the resolution for voluntary winding up, no action or other civil proceeding is to be proceeded with or commenced against the company except by leave of the Court and subject to such terms as the Court imposes."

• [3] On 31 January 2025 and 6 March 2025 Commission staff sent correspondence to the parties regarding the liquidation process.

• [4] An ASIC search revealed that a "Notice of Winding Up Order" was issued on 10 October 2024 and that a hearing was to be held in the Supreme Court of Western Australia on 14 November 2024.

• [5] On 19 February 2025 Commission staff sent an email to Mr Lanza-Volpe asking him to indicate in intentions in relation to his unfair dismissal claim. Mr Lanza-Volpe has not replied to any of the above correspondence and does not appear to have taken any steps since December 2024 to pursue his claim.

• [6] 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]).

(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

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

• [8] In these circumstances I am satisfied that the facility under s .587 can and should be engaged to dismiss Mr Lanza-Volpe's application for want of prosecution, and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Mark Lanza-Volpe on 19 November 2024 is dismissed.

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