s.394 - Application for unfair dismissal remedy

Application under s. 399A - s. 399A application granted.

• [1] Life Plus Tech Pty Ltd (Life Plus Tech) made an application under s. 399A of the Fair Work Act 2009 (the Act) to dismiss an unfair dismissal application brought against it by Ms Lisa Margaret Williams.

• [2] For the reasons set out below, Life Plus Tech's application is granted and Ms Williams' application for an unfair dismissal remedy is dismissed.

• [3] On 25 June 2025 Ms Williams lodged an unfair dismissal application under s. 394 of the Act, alleging that she was unfairly dismissed by Life Plus Tech.

• [4] Life Plus Tech filed a response to the application on 28 July 2025, objecting to the application on the basis that Ms Williams was not dismissed.

• [5] A Directions Hearing was held on 2 September 2025 to set the matter down for determination. The Hearing was attended by Ms Williams and Life Plus Tech's representative.

• [6] Subsequently, the parties were issued a written copy of the Directions on 2 September 2025, which directed:
  • Ms Williams to file materials in support of her argument that she was dismissed and application that she was unfairly dismissed by Tuesday, 16 September 2025.
  • Life Plus Tech to file materials in support of its jurisdictional objection and position regarding the unfair dismissal application by Tuesday, 30 September 2025.
  • That the matter will be referred on for a Member Assisted Conciliation but that this opportunity did not detract from the parties' obligations to comply with Directions.

• [7] A Member Assisted Conciliation was held on 11 September 2025, with both the Applicant and the Respondent in attendance. However, the matter could not be resolved on this date.

• [8] Ms Williams did not file any submissions by 16 September 2025, or at all.

• [9] Ms Williams was directed to file her outstanding submissions as soon as possible, by no later than 17 September 2025. Ms Williams did not file any materials or contact the Commission.

• [10] The matter was subsequently listed for a Non-compliance Hearing on 19 September 2025. Mr Farrand attended the Hearing on behalf of the Respondent, but Ms Williams did not attend. Ms Williams did not respond to two separate calls from Chambers and a voice message requesting a return call to Chambers.

• [11] Life Plus Tech made an application on 24 September 2025 seeking that Ms Williams' unfair dismissal application be dismissed under s. 399A of the Act, as a result of the unreasonable failure to comply with Directions and non-attendance at the Hearing.[1]

• [12] On 25 September 2025, Mr Farrand's application was served on Ms Williams by Chambers. On 30 September 2025, Ms Williams was directed to file a response or any objections to the application by 3 October 2025.

• [13] The correspondence further advised that the Commission would proceed to deal with the s. 399A application on the material before it if Ms Williams failed to respond to the application. While Ms Williams acknowledged the s. 399A application via email, she did not file any materials in response by 3 October 2025.

• [14] As set out below, the process set out in Lockyer v Cox[2] for s. 399A applications has occurred in the present matter.

• [15] An application under s. 399A of the Act was made by Life Plus Tech using a Form F1.

• [16] Ms Williams was served a copy of the application and given an opportunity to respond to it.

• [17] Chambers advised Ms Williams that the Commission would proceed to deal with the application should she fail to respond to it.

• [18] On 2 October 2025 Ms Williams acknowledged the s. 399A application and request for her response to the application stating 'I confirm that I agree with the request...' It was not clear whether Ms Williams was agreeing with the Direction for objections to be filed by 3 October 2025 or agreeing to the matter being dismissed. However, Ms Williams did not file any materials opposing the application made under s. 399A of the Act, or any materials at all.

• [19] Accordingly, there were no facts in dispute and a Hearing was not required.

• [20] Ms Williams has unreasonably, without explanation, failed to comply with the Commission's Directions dated 2 September 2025 and 30 September 2025. On 19 September 2025 Ms Williams failed to attend a Hearing by the Commission, without explanation.

• [21] I am satisfied that Ms Williams was afforded ample opportunities to provide reasons for the non-compliance with Directions and non-attendance at the Hearing but failed to do so.

• [22] An opportunity was given to oppose the application under s. 399A of the Act made by Life Plus Tech but Ms Williams has not filed a response objecting to or contesting the facts with regard to the s. 399A application.

• [23] For those reasons, Life Plus Tech's application under s. 399A of the Act is granted. Ms Williams' application to remedy an unfair dismissal is dismissed pursuant to s. 399A (1) of the Act. An order giving effect to this decision will be issued in conjunction with its publication.[3]

[1] the Act, s. 399A(1)(a)-(b).

[2] [2021] FWCFB 875 at [57].

[3] PR792460.

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