The attached document replaces the document previously issued with the above code on 16 June 2025.

Footnote 3 has been changed to refer to PR787158, rather than PR787154.

[2025] FWC 1658

Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - application dismissed pursuant to s.399A - procedural fairness not afforded - application to revoke dismissal decision

• [1] On Friday, 9 May 2025, I issued a decision[1] and order[2], dismissing an application made by Mr Frost for an unfair dismissal remedy. I dismissed the application pursuant to s.399A(1)(a) and (b) of the Fair Work Act 2009 (Cth) (FW Act) as I was satisfied that Mr Frost had unreasonably failed to attend the conferences and hearings before the Commission and unreasonably failed to comply with directions of the Commission.

• [2] On Friday, 30 May 2025, Mr Frost sent correspondence to my Chambers stating:

Please accept my sincere apologies for missing the scheduled mediation appointments. Due to unforeseen circumstances and a full Gmail inbox, I believe some important emails may have bounced back or gone unnoticed.

Evidence of these issues can be provided, if needed.

Could you kindly let me know if there has been any outcome or next steps in my absence?

• [3] On Monday, 2 June 2025, it was drawn to my attention that due to technological issues, the correspondence referred to at paragraph [8] of the 399A Decision was not delivered to the Applicant. The effect of this is that the Applicant was not aware of the s.399A application and not afforded an opportunity to respond to it.

• [4] On 3 June 2025, my Chambers sent correspondence to the parties advising them of these circumstances and referred to s.603 of the FW Act.

• [5] On 10 June 2025, the Applicant made an application pursuant to s.603 of the FW Act for the Commission to revoke the decision. Woolworths Group Limited does not oppose the application to revoke the 399A Decision.

• [6] Having regard to the circumstances set out above, I consider it appropriate to revoke the 399A Decision and Order issued on 9 May 2025. An Order [PR788233] revoking the 399A Decision and Order[3] is issued concurrently with this decision.

• [7] The consequence of this is that the application made by Woolworths Group Limited pursuant to s.399A remains to be determined. The parties will receive further directions regarding the progression of the matter in due course.

[1] Wayne Frost v Woolworths Group Limited [2025] FWC 1288 (399A Decision).

[3] PR787158.

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