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FWCFair Work Commission · 31 December 2024

the Applicant v Cleanway Group Pty Ltd

Citation: [2025] FWC 3604

What happened

the Applicant commenced employment with Cleanway Group Pty Ltd. The Fair Work Commission case [2025] FWC 3604 concerns an application for an unfair dismissal remedy. The matter was dismissed by the Commission due to the Applicant’s failure to prosecute his claim, meaning he did not actively pursue the case. Deputy President Easton made the decision.

What was decided

The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found the application was dismissed under section 587, because the Applicant did not actively pursue the case. As a result, the application was terminated.

What it means for employers

Employers should ensure employees are aware of their obligations in pursuing Fair Work claims. Failure to actively engage with a claim can lead to its dismissal, even if there are underlying issues.

What it means for employees

Employees must actively participate in their Fair Work claims. Failing to do so, such as not responding to correspondence or attending hearings, can result in the dismissal of their application.

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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/2025fwc3604.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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