1 Fair Work Act 2009 s.394—Unfair dismissal Yanning Yang v Coach Stores Australia Pty Ltd (U2025/18375) DEPUTY PRESIDENT EASTON SYDNEY, 23 MARCH 2026 Application for an unfair dismissal remedy – minimum employment period – dismissal under s.587(1)(c) at the Commission’s initiative - application has no reasonable prospects of success. [1] On 21 November 2025, Yanning Yang made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] For the following reasons I am satisfied that Yanning Yang’s application has no reasonable prospects of success and should be dismissed. [3] The Form F2 Unfair Dismissal Application indicates that Yanning Yang’s employment commenced on 30 September 2025 and that the dismissal took effect on 21 November 2025. On the information provided by Yanning Yang, the employment period was 1 month, 3 weeks and 1 day. [4] Sections 382 and 383 of the Act provide that a person is only eligible to make an unfair dismissal application if they have completed a minimum period of employment before their dismissal. Section 383 defines the minimum employment period to be either 6 months or 12 months, depending on whether the respondent was a small business employer at the time of the dismissal. On the information provided by Yanning Yang the period of employment was less than 6 months. [5] Commission staff attempted to contact Yanning Yang on 26 November, 3 December and 19 December 2025 by telephone, SMS and email regarding the Minimum Employment Period. Section 587 – General Principles [6] Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings. Protracted proceedings can be avoided when there is no reasonable prospect of an outcome other than the dismissal of the application. [2026] FWC 958 DECISION AND ORDER [2026] FWC 958 2 [7] The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]-[16] (Bond)). An application should not be dismissed under s.587 unless it is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings. [8] Importantly, applicants must be given a fair opportunity to show that their application does in fact have some reasonable prospects of success. Does Yanning Yang’s application have any reasonable prospects of success? [9] The Commission cannot consider the fairness of the dismissal until it is clear that Yanning Yang is eligible to make an unfair dismissal claim. [10] The information provided in Yanning Yang’s Form F2 application strongly indicates that there is no eligibility to make an unfair dismissal application because the minimum employment period does not appear to have been served. [11] Yanning Yang has had the opportunity to provide information that could show that the minimum employment period has in fact been served. However Yanning Yang has not provided any information that is consistent with having done so. Yanning Yang has also had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587 (see Bond at [15]-[16]). [12] I am satisfied that Yanning Yang’s claim has no reasonable prospect of success within the meaning of s.587(1)(c), and that it is appropriate in the circumstances to dismiss the application on the Commission’s own initiative using the facility available in s.587(3)(a). I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Yanning Yang on 21 November 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR797894>