Isaac Trudgett v Unknown
Deputy President Easton
Not yet cited by other cases
Applicant: Isaac Trudgett
Respondent: Unknown
Ratio
An application under s.372 for a non-dismissal dispute alleging contraventions of the general protection provisions was dismissed under s.587(3)(a) for want of prosecution, as the applicant failed to rectify the incomplete application despite assistance from Commission staff and demonstrated unwillingness to participate in the proceedings.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Applicant made application under s.372 on 16 January 2025 for non-dismissal dispute alleging contraventions of general protection provisions
- Application was incomplete as it did not include the name of the employer
- Commission staff attempted to contact applicant by telephone, SMS and email to allow rectification
- Applicant failed to provide missing information despite opportunities to do so
Factors
For
- Commission staff made multiple attempts to contact applicant by telephone, SMS and email
- Applicant was given opportunity to rectify the shortfalls in the application
- Application remained incomplete despite assistance offered
Against
- Applicant failed to provide the name of the employer despite multiple attempts by Commission staff
- Applicant did not participate further in proceedings after being given opportunity to rectify
Legislation referenced
- Fair Work Act 2009 (Cth) s.372
- Fair Work Act 2009 (Cth) s.587
- Fair Work Act 2009 (Cth) s.394
Concept tags · 5
Principles · 3
articulates para 5
Section 587 of the Fair Work Act empowers the FWC to dismiss an application not only on the grounds expressly listed in s.587(1)(a)-(c), but also when it is apparent that the applicant has stopped pursuing or participating in proceedings, and the FWC may dismiss on its own initiative under s.587(3)(a) provided procedural fairness is afforded.
articulates para 6
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.
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.
Cases cited in this decision · 1
Cited
[2013] FWCFB 2532
— Northern Co-Operative Meat Company Ltd - Booyong Service Processing...
"…ut in s.587(1)(a), (b) and (c). [6] 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...…"
Archived text (442 words)
[2025] FWC 423 The attached document replaces the document previously issued with the above code on 14 February 2025. A typographical error has been corrected in paragraph 7. Associate to Deputy President Easton Dated 17 February 2025 1 Fair Work Act 2009 s.372 - Application to deal with other contravention disputes Isaac Trudgett v Unknown (C2025/545) DEPUTY PRESIDENT EASTON SYDNEY, 14 FEBRUARY 2025 Application to deal with other contraventions dispute [1] Mr Issac Trudgett made an application under s.372 for the Fair Work Commission to deal with a non-dismissal dispute about alleged contraventions of the general protection provisions of the Fair Work Act 2009 (the Act) on 16 January 2025. [2] Mr Trudgett’s application was incomplete because he did not include the name of his employer. [3] Commission staff tried to contact Mr Trudgett by telephone, SMS and by email and gave Mr Trudgett the opportunity to rectify the shortfalls in his application. [4] Section 587 of the Act provides: “587 Dismissing applications (1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if: (a) the application is not made in accordance with this Act; or (b) the application is frivolous or vexatious; or (c) the application has no reasonable prospects of success. … (3) The FWC may dismiss an application: (a) on its own initiative; or [2025] FWC 423 DECISION and ORDER 2 (b) on application.” [5] Section 587 allows the Commission to dismiss an application if it is apparent that the applicant has stopped pursuing or participating in the proceedings they commenced. Section 587(3) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. The words “without limiting when FWC may dismiss an application” in s.587(1) confirm that the power to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c). [6] 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]). [7] In these circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr Trudgett’s application. I have decided to dismiss the application on my own initiative for want of prosecution, utilising the facility provided by s.587(3)(a) of the Act and make the following order: 1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Issac Trudgett on 16 January 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR784304>