Alexandre Carrano v OSM Australia Pty Ltd [2026] FWC 124

1 Fair Work Act 2009 s.394—Unfair dismissal Alexandre Carrano v OSM Australia Pty Ltd (U2025/12742) 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 5 August 2025, Mr Alexandre Carrano made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] The Form F3 response raised a concern about whether Mr Carrano’s earnings were higher than the High Income Threshold. [3] Commission staff tried to contact Mr Carrano on 27 October and 1 December 2025 about this concern. Mr Carrano 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 Carrano 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 Carrano’s application. I make the following order: [2026] FWC 124 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 124 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Alexandre Carrano on 5 August 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR795865> -- 2 of 2 --