Good morning, I'm really not sure what I need to send you. Regards Julie

• [7] At 10:16am on 16 June 2025, my Chambers sent the Directions and the following email to Mrs Knowles:

As stated in the attached directions, you are required to file with the Fair Work Commission and serve on the Respondent material upon which you intend to rely that addresses the matters in s.394(3) of the Act, including:

i. the Applicant's Outline of Argument: Extension of Time;

iii. the Applicant's Document List (and a copy of each Document in the

Templates for these documents can be found at this link: [link to Preparing for unfair dismissal hearings and conferences | Fair Work Commission]

Below are links to information and resources which may assist you to prepare this material:

[link to Unfair dismissals benchbook | Fair Work Commission]

[link to Practice note: Unfair dismissal proceedings | Fair Work Commission]

[link to Unfair dismissal | Fair Work Commission]

[link to What happens during a hearing | Fair Work Commission]

Chambers also notes that this correspondence was not copied to the Respondent. Please ensure that all correspondence and documentation filed with the Commission is also copied to the Respondent unless it is of a confidential nature. This is done for the purpose of full disclosure and courtesy. A failure to do so may result in your correspondence not being brought to the Deputy President's attention. Rules for service of documents filed in the Commission are found at Part 7 of the Fair Work Commission Rules 2024.

I have copied the Respondent into this email for their reference.

• [8] At 4:50pm on 16 June 2025, my Chambers sent the following email to Mrs Knowles:

We refer to the above matter and the correspondence below.

As Chambers is yet to receive any material, the Applicant is afforded until 9:00AM tomorrow morning, Tuesday 17 June 2025 to file their material.

If the Applicant fails to submit their material by this time the Deputy President will dismiss the application pursuant to s.587 of the Fair Work Act 2009 (Cth).

If the Applicant files material in the matter, Deputy President Wright will extend time for the Respondent to file any reply until 4:00pm on Tuesday 24 June 2025.

• [9] Mrs Knowles did not provide any material by 9:00am on 17 June 2024 and did not apply for an extension of time to submit the material.

• [10] On 18 June 2025, my Chambers sent the parties the following email:

The jurisdictional hearing which was set to proceed in-person at 10:00AM on Friday, 27 June 2025, will now proceed as a Microsoft Teams hearing dealing with the dismissal of the application under s.587.

Please find attached the amended Notice of Listing.

The Employer is not required to attend the Hearing but may do so if they wish to.

Additionally, the Employer is not required to send any material.

• [11] At 8:28am on 27 June 2025 Mrs Knowles sent an email to my Chambers which stated amongst other things:

Good morning, I won't be attending the meeting this morning, as I'm not sure if anything will come of this.

• [12] The email included other information of a potentially confidential nature and as such I have not recorded the information in this Decision. However, I have had regard to the matters contained in Mrs Knowles' email in in my consideration of this matter.

• [13] At 9:27am on 27 June 2025, my Chambers sent the following email to the parties:

The purpose of today's listing is to give the Applicant an opportunity to explain her non-compliance with the Directions made on 3 June 2025 and to determine whether the application should be dismissed pursuant to s. 587of the Fair Work Act 2009.

If the Deputy President decides to dismiss Ms Knowles' application, she will publish a formal decision on the FWC's website explaining the reasons for doing so.

Alternatively, if the Applicant no longer wants to pursue her claim, then she should advise that she wishes to discontinue the application by replying to this email before 10:00am.

• [14] Mrs Knowles did not respond to the email and did not attend the hearing, which commenced at 10:05am on 27 June 2025. Ms Shae Sunder appeared at the hearing on behalf of LWB. Ms Sunder made an application on behalf of LWB that the application be dismissed pursuant to s.399A of the FW Act due to Mrs Knowles' failure to comply with the Directions. I dismissed the application at the hearing and now provide my reasons.

• [15] Section 399A of the FW Act provides:

(1) The FWC may, subject to subsection (2), dismiss an application for an order under Division 4 if the FWC is satisfied that the applicant has unreasonably:

(a) failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

(b) failed to comply with a direction or order of the FWC relating to the application; or

(c) failed to discontinue the application after a settlement agreement has been concluded.

Note 1: For another power of the FWC to dismiss applications for orders under Division 4, see section 587.

Note 2: The FWC may make an order for costs if the applicant's failure causes the other party to the matter to incur costs (see section 400A).

(2) The FWC may exercise its power under subsection (1) on application by the employer.

(3) This section does not limit when the FWC may dismiss an application.

• [16] I am satisfied that the Commission has taken reasonable and appropriate steps to inform Mrs Knowles of the Directions and hearing date, contact Mrs Knowles on the date of the hearing and inform Mrs Knowles of the consequences of failing to comply with the Directions.

• [17] In addition, I note that there is no material before me that addresses the matters in s.394(3).

• [18] In the circumstances, I am satisfied that Mrs Knowles has unreasonably:

(a) failed to attend a hearing held by the Commission, in relation to the application; and

(b) failed to comply with a direction of the Commission relating to the application.

• [19] I have therefore decided to dismiss the application pursuant to s. Section 399A(1) of the FW Act. I order accordingly.

S Sunder of Life Without Barriers for the Respondent

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