Amir Elhag v Australian War Memorial [2026] FWC 647

1 Fair Work Act 2009 s.394—Unfair dismissal Amir Elhag v Australian War Memorial (U2025/15379) DEPUTY PRESIDENT EASTON SYDNEY, 26 FEBRUARY 2026 Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 23 September 2025, Mr Amir Elhag 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 Elhag had served the Minimum Employment Period under sections 382 and 383 of the Fair Work Act 2009. [3] Commission staff tried to contact Mr Elhag on 12 January and 21 January 2026 about this concern. Mr Elhag 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 Elhag 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 Elhag’s application. I make the following order: [2026] FWC 647 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 647 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Amir Elhag on 23 September 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR797176> -- 2 of 2 --