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FWCFair Work Commission · 30 December 2024

the Applicant v Bookkeepers @ Work (WA) Pty Ltd

Citation: [2025] FWC 3454

What happened

the Applicant commenced proceedings in the Fair Work Commission seeking an unfair dismissal remedy. the Respondent, Bookkeepers @ Work (WA) Pty Ltd, applied to have the application dismissed for want of prosecution. the Applicant had not filed any documents or appeared at any hearings in the matter. The Commission initiated the application for dismissal under section 587 of the Fair Work Act.

What was decided

The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. Deputy President Easton found that the application was dismissed for want of prosecution, as the Applicant had failed to take any steps to progress the matter. The Commission can dismiss applications initiated at its own initiative if a party fails to prosecute their claim.

What it means for employers

Employers should ensure that employees actively participate in Fair Work Commission proceedings. Failure to do so can result in an application being dismissed, even if a dispute exists.

What it means for employees

Employees who lodge applications with the Fair Work Commission must actively engage in the process by filing documents and attending hearings. Failure to do so can lead to the dismissal of their claim.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3454.pdf

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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections

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