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FWCFair Work Commission · 2026

the Applicant v Clmg Media Pty Ltd

Citation: [2026] FWC 2292

At a glance

Employees affected
1

What happened

the Applicant lodged an unfair dismissal application against CLMG Media Pty Ltd on May 20, 2025. Shortly after, a liquidator was appointed to CLMG Media Pty Ltd on August 20, 2025. Due to the company's winding up, the Applicant’s case was referred under section 500(2) of the Corporations Act 2001, requiring court leave to proceed. The Fair Work Commission sent multiple communications to the Applicant requesting confirmation about seeking this leave and warning him that his application could be dismissed if he didn't respond. He did not reply.

What was decided

The Fair Work Commission has dismissed the Applicant’s unfair dismissal application under section 587(1)(c) of the Fair Work Act 2009. The Deputy President found that the application had no reasonable prospects of success because the Applicant hadn't obtained court leave to proceed and failed to respond to multiple inquiries from the Commission. As such, the application was dismissed without further notice.

What it means for employers

This case highlights the impact of company liquidation on ongoing legal proceedings. Employers facing winding up should be aware that employee claims may require special permission from a court to continue, potentially delaying or preventing them.

What it means for employees

Employees need to respond promptly to communications from the Fair Work Commission, especially when their application is affected by external factors like company liquidation. Failure to do so can result in 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/2026fwc2292.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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