1 Fair Work Act 2009 s.394—Unfair dismissal Brice William (U2025/12670) DEPUTY PRESIDENT EASTON SYDNEY, 27 NOVEMBER 2025 Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 4 August 2025, Mr Brice William made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] In his application Mr William did not provide any details about his former employer. [3] Commission staff tried to contact Mr William on 7 August and 9 October 2025 about this concern. Mr William has not responded to the Commission’s inquiries. [4] Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings for want of prosecution. 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]). [5] I am satisfied that Mr William has had the opportunity to put a case for consideration on all matters material to the decision to dismiss the application under s.587. In the circumstances I am satisfied that the facility under s.587 can and should be engaged to dismiss Mr William’s application. I make the following order: [2025] FWC 3623 DECISION AND ORDER [2025] FWC 3623 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Brice William on 4 August 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR794288>