1 Fair Work Act 2009 s.394 - Application for unfair dismissal remedy Cody Connell v Anthony Connell (U2026/1572) DEPUTY PRESIDENT BEAUMONT PERTH, 8 MAY 2026 Application for an unfair dismissal remedy — dismissal under s 587(3)(a) for want of prosecution [1] On 28 January 2026, Cody Connell (Applicant) lodged an unfair dismissal application (Application) under s 394 of the Fair Work Act 2009 (Cth) (Act) alleging that they were unfairly dismissed by Anthony Connell (Respondent). [2] On 18 February 2026, the Applicant and Respondent were sent a notice of listing for a conciliation conference to be conducted by Microsoft Teams before one of the Commission’s staff conciliators. The notice of listing detailed that the conciliation conference would occur at 10:15 AM Brisbane time on 10 March 2026 and provided a Microsoft Teams link for accessing the conciliation conference. The notice of listing also contained information about adjournment requests and provided a telephone number which parties could call in the event of any technical difficulties. [3] On 5 March 2026, the Applicant and Respondent were sent an email reminder with respect to the conciliation conference. The Applicant and Respondent were both sent an SMS on 9 March 2026, reminding them that their listed conciliation conference was scheduled for the next day. [4] The Applicant did not attend the conciliation conference scheduled for 10 March 2026. The Applicant did not contact the Commission before, during or after the conference to seek an adjournment, alert the Commission to any technical difficulties, or explain their non- attendance. [5] On 20 April 2026, my Chambers emailed the parties noting the Applicant’s non- attendance at the conciliation conference and directing the Applicant to inform Chambers by no later than 24 April 2026 whether they wished to proceed with the Application. The Applicant was warned that absent their response by 24 April 2026, I would likely dismiss the Application under s 587 of the Act without further notice. [2026] FWC 1448 DECISION AND ORDER [2026] FWC 1448 2 [6] On 29 April 2026, my Chambers sent a second email to the parties noting that the Applicant had not responded to the previous correspondence. The Applicant was afforded a further opportunity to demonstrate that they wished to pursue their Application. The Applicant was directed to inform Chambers whether they wished to pursue their Application by no later than Wednesday, 6 May 2026. To date, my Chambers has not received any communication from the Applicant. [7] Section 587 of the Act allows the Commission to dismiss an application if it is apparent that an applicant has stopped pursuing or participating in the proceedings that they commenced. Section 587(3)(a) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. [8] If an applicant’s conduct or omissions show that they are no longer willing to participate in their own case, the Commission is not required to persevere with the application (see Viavattene v Health Care Australia [2013] FWCFB 2532 at [39]). [9] I am satisfied that the Applicant’s conduct in failing to attend the conciliation conference scheduled for 10 March 2026, make any contact with the Commission concerning their non- attendance, or respond to the emails from my Chambers dated 20 April 2026 or 29 April 2026 demonstrates that they are no longer willing to participate in their own case. [10] The Applicant has been provided with the opportunity to inform the Commission that they wish to proceed with the Application and has been on notice since 20 April 2026 of the likely consequences if they did not do so. To date, the Commission has received no response. [11] For these reasons, I have decided to dismiss the application on my own initiative for want of prosecution, utilising the facility provided for by s 587(3)(a) of the Act. I make the following order: A. The application lodged by Cody Connell on 28 January 2026 for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR798972>