Andrew Wickham v ABAX Civil Contracting Pty Ltd [2026] FWC 651

1 Fair Work Act 2009 s.394—Unfair dismissal Andrew Wickham v ABAX Civil Contracting Pty Ltd (U2025/16359) 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 16 October 2025, Mr Andrew Wickham 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 Wickham’s application was filed within the 21 day time limit. [3] Commission staff tried to contact Mr Wickham on 22 December, 23 December 2025 and 7 January 2026 about this concern. [4] Mr Wickham responded by email on 23 December 2025 to advise that he had not received any correspondence. Mr Wickham provided a corrected email address and the email was resent to Mr Wickham. [5] Mr Wickham has not responded to the Commission’s inquiries since 23 December 2025. [6] 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]). [7] I am satisfied that Mr Wickham 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 Wickham’s application. I make the following order: [2026] FWC 651 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 651 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Andrew Wickham on 16 October 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR797181> -- 2 of 2 --