s.394 - Unfair dismissal

Application for an unfair dismissal remedy - filed out of time - application for extension of time - no evidence filed in accordance with directions - application dismissed under s.587 of the Fair Work Act 2009.

• [1] On 23 October 2025, Mr Keison Parker (the Applicant) lodged an application seeking an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (the Act) against Battery Services Australia Pty Ltd (the Respondent).

• [2] The Act provides that an Applicant for an unfair dismissal remedy made pursuant to s.394 of the Act must make an application within 21 days after the dismissal took effect, however, the Fair Work Commission may allow a further period for the application to be made in exceptional circumstances.

• [3] The application appears to have been lodged 57 days beyond the time permitted.

• [4] On 29 October 2025, my Chambers issued a Notice of Listing to the parties advising a Hearing was listed on 19 November 2025 in respect of the extension of time issue (identified in the Form F2) and provided Directions for the filing of material.

• [5] Paragraph [9] of the Directions directed the Applicant to file submissions by 4pm on 6 November 2025. A reminder was sent to the Applicant at 8:40am on that day.

• [6] On 10 November 2025, my Chambers wrote to the Applicant:

"You have failed to comply with the directions issued on 29 October 2025, requesting you to file submissions in respect to your extension-of-time material by 4:00pm, Thursday, 6 November 2025.
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> > If you have not filed this material by 10:00am, 11 November 2025, the Commission will dismiss your application."

• [7] As at 10am, 11 November 2025, no material or communication from the Applicant had been received.

• [8] 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

(b) the application is frivolous or vexatious; 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, 536LU or 773, or an application under section 527F that does not consist solely of an application for a stop sexual harassment order, on the ground that the application:

• [9] The Applicant has failed to prosecute his case. The Applicant was warned that his continued failure to comply with the Directions would result in the dismissal of his application.

• [10] Based on the failure of the Applicant's to submit evidence in support of the extension of time application, the Application has no reasonable prospects of success as described in section 587(1)(c) of the Act.

• [11] Pursuant to section 587(3)(a) of the Act, the Application is dismissed. An Order dismissing the Application will be published contemporaneously with this decision.

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