Scott Brian Melling v Binbirri Contracting Pty Ltd [2025] FWC 1252 (2 May 2025)

• [10] Section 587 allows the Commission to dismiss an application on the Commission's own initiative in the early stages - subject to affording procedural fairness. Protracted proceedings can be avoided when there is no reasonable prospect of an outcome other than the dismissal of the application. The power under s 587 should be used with caution, particularly if the matter involves complex questions of fact or law. The power under s 587 is not available if there are live facts in issue that could affect the outcome of the proceedings (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]- [16] (Bond) and the cases cited therein).