DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Natham Meredith
v
Adcon Group
(U2019/8025)

Application for an unfair dismissal remedy.

[1] On 21 July 2019, Natham Meredith applied for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). He named his former employer as ‘Adcon Group’.

[2] On 1 August 2019, an entity named Adcon Hire Pty Ltd (Adcon Hire) filed an Employer’s Response (Form F3). It raised a jurisdictional objection on the bases that there was no entity named Adcon Group and that the applicant was never employed by Adcon Hire. Adcon Hire asserted that the applicant had been employed by ADADN Pty Ltd and performed work for Adcon Hire via a labour hire arrangement.

[3] On 26 August 2019, my chambers sent correspondence to Mr Meredith and his representative, asking whether he still pressed his application against Adcon Hire, or if he wished to request to amend his application to name another entity as the respondent. He was directed to respond by 4:00 pm on 2 September 2019. However, no response was received.

[4] On 3 September 2019, my chambers sent further correspondence to Mr Meredith and his representative, directing him to respond by 4:00 pm on 6 September 2019, and advising that if he did not respond, his application may be dismissed.

[5] To date, neither Mr Meredith nor his representative has responded to any of the Commission’s correspondence.

[6] Section 587 of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.”

[7] The words, “[w]ithout limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

[8] In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

[9] An order to that effect will issue with this decision.

VICE PRESIDENT

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