s.536LU - Application for an unfair deactivation remedy

Application for an unfair deactivation remedy - Applicant failed to attend Mention and comply with Directions - Applicant failed to engage on various occasions -application dismissed

• [1] On 1 November 2025, Stephen Pelawi (Applicant) filed an application for an unfair deactivation remedy pursuant to s.536LU of the Fair Work Act 2009 (the Act) against Amazon Commercial Services Pty Ltd (Respondent).

• [2] I note Mr Pelawi's application form named the Respondent as Amazon Flex (ABN 30 616 935 623). I confirm the correct name of the Respondent is Amazon Commercial Services Pty Ltd (ABN 30 616 935 623) as provided by the Respondent in their response form F89A dated 11 November 2025.

• [3] I listed Mr Pelawi's application for Mention (case management conference) on 25 November 2025 via video using Microsoft Teams. Mr Pelawi failed to attend the proceeding without explanation and could not be contacted despite my Chambers emailing and calling Mr Pelawi multiple times.[1] I proceeded with issuing Directions for the filing of submissions and materials. In the covering email attaching the Directions, Mr Pelawi was warned that failure to comply with the Directions could result in the dismissal of his application.

• [4] My Chambers used the email address and telephone number that Mr Pelawi provided to the Commission in his application form.

• [5] Mr Pelawi failed to file his submissions, witness statement and other documentary materials in support of his application by the deadline of 4pm on Tuesday 9 December 2025.

• [6] The Respondent emailed my Chambers on 10 December 2025 requesting the application be dismissed as the Applicant had not filed and served his materials.

• [7] An email was sent to Mr Pelawi at 11:43am on 10 December 2025 noting Mr Pelawi has failed to file submissions as directed or engage on various occasions and therefore, unless he provides the outstanding materials and an explanation by 4pm on 10 December 2025, I will dismiss the application. Mr Pelawi did not respond to this email.

• [8] To date, we have not received any communications from Mr Pelawi.

• [9] The Commission may dismiss a matter under s.536M of the Act, on application by a respondent, where an applicant has unreasonably failed to attend conferences or hearing, or comply with directions.

• [10] I am satisfied Mr Pelawi has unreasonably failed to attend the Mention and comply with directions. He has not provided an explanation for his non-compliance despite being afforded an opportunity to do so.

• [11] I order that the application for an unfair deactivation remedy filed by Mr Stephen Pelawi on 1 November 2025 be dismissed under s.536M of the Act.

[1] Two phone calls at 9:31am and 9:33am, and an email at 9:32am.

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