the Applicant v Engage Us Pty Ltd Trading AS Engage
At a glance
- 1
What happened
the Applicant commenced an application under section 365 of the Fair Work Act 2009, alleging dismissal by Engage Us Pty Ltd (Engage). Engage asserted the Applicant was a casual employee engaged through a labour hire arrangement, and that his employment with them hadn't ended. They stated he remains in their casual employee database. the Applicant did not respond to multiple emails from the Commission requesting information to support his dismissal claim. He was notified the application may be dismissed if no response was received.
What was decided
The Fair Work Commission dismissed the Applicant’s application under section 587(1)(c) of the Fair Work Act. the Commissioner found the application had no reasonable prospects of success, given the Applicant’s failure to respond to multiple requests for information. the Commissioner noted it must exercise its power to dismiss judiciously, but the Applicant was given several opportunities to demonstrate he was dismissed and failed to do so. the Commissioner stated it is not required to persevere with an application where the applicant is unwilling to prosecute their matter.
What it means for employers
Employers using labour hire agencies should ensure they understand the employment status of workers and the potential for dismissal claims. Maintain clear records of employee status and communication with labour hire agencies to avoid disputes about employment termination.
What it means for employees
Employees need to actively engage with Fair Work Commission processes and respond to requests for information. Failure to do so can result in an application being dismissed.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.