s.394 - Application for unfair dismissal remedy

• [1] On 22 August 2025, Ms Tesha Jones (Ms Jones) filed an application (Application) pursuant to section 394 of Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Commission (FWC) alleging she was unfairly dismissed by Australian Postal Corporation (Australia Post).

• [2] On 9 September 2025, Australia Post filed a Form F3 - Employer response to unfair dismissal application in which it raised a jurisdictional objection to the Application asserting that Ms Jones resigned from her position and therefore was no dismissed (Jurisdictional Objection).

• [3] On 10 November 2025, the Application was allocated to my Chambers for determination.

• [4] Directions were issued to parties on 14 November 2025 (Directions). The Directions required Ms Jones to file by 4pm (AWST) Monday 24 November 2025 her materials in relation to the Jurisdictional Objection raised by Australia Post. The parties were advised that compliance with the Directions was mandatory.

• [5] Ms Jones failed to file the materials by the required date and time as set out in the Directions.

• [6] On 25 November 2025, Chambers wrote to Ms Jones and reminded her that her materials in relation her application for an extension of time were overdue.

• [7] On 26 November 2025, Australia Post made an application pursuant to section 399A of the FW Act for the Application to be dismissed on the grounds that Ms Smith failed to comply with the Directions (Dismissal Application).

• [8] On 26 November 2025, Ms Jones was invited to file submissions and evidence as to why the Application should not be dismissed by 4pm (AWST) Thursday 27 November 2025. Chambers advised Ms Smith that if she did not file any such submissions or evidence by 4pm (AWST) Thursday 27 November 2025, the Application would be dismissed pursuant to section 399A of the FW Act.

• [9] No materials were filed in accordance with the Directions and no submissions or evidence were filed in relation to the Dismissal Application by Ms Melville by 4pm (AWST) Thursday 27 November 2025.

• [10] 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 other 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."

• [11] Ms Jones failed to file the materials she was directed to file by the dates specified in the Directions. As at the date of this decision, Ms Jones has still not filed any materials in support of the Application or in response to the Dismissal Application. Ms Jones has not sought an extension to file her materials in support of the Application or in response to the Dismissal Application. I am satisfied that Ms Jones has unreasonably failed to comply with directions of the FWC relating to this Application. On the application of Australia Post and in the exercise of my discretion under section 399A of the FW Act, I have decided to dismiss the Application.

• [12] An Order[1] to this effect will be issued with this decision.

[1] Print PR794356.

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