Andrew Frodsham v Livingstone Shire Council [2026] FWC 125

1 Fair Work Act 2009 s.394—Unfair dismissal Andrew Frodsham v Livingstone Shire Council (U2025/14644) DEPUTY PRESIDENT EASTON SYDNEY, 14 JANUARY 2026 Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 8 September 2025 Mr Andrew Frodsham made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Mr Frodsham’s application raised a concern about whether the respondent is a National System Employer. It appears that Mr Frodsham’s was a former Local Government employee in Queensland. [3] On 27 October 2025, an email was sent to Mr Frodsham in relation to whether his former employer was a National System Employer and he was required to respond by 3 November 2025. Mr Frodsham was advised that his application may be dismissed without further notice if he did not respond. An SMS was also sent to Mr Frodsham telling him that an important email had been sent. [4] To date Mr Frodsham has not responded. [5] 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]). [6] I am satisfied that Mr Frodsham 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 Frodsham application. I make the following order: [2026] FWC 125 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 125 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Andrew Frodsham on 8 September 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR795866> -- 2 of 2 --