Andrew Cook v Rockingham Auto Pty Ltd [2026] FWC 1443

1 Fair Work Act 2009 s.394—Unfair dismissal Andrew Cook v Rockingham Auto Pty Ltd (U2026/875) DEPUTY PRESIDENT BEAUMONT PERTH, 1 MAY 2026 Application for an unfair dismissal remedy — dismissal under s 587(3)(a) for want of prosecution [1] On 21 January 2026, Andrew Cook (Applicant) lodged an unfair dismissal application (Application) under s 394 of the Fair Work Act 2009 (Cth) (Act) alleging that they were unfairly dismissed by Rockingham Auto Pty Ltd (Respondent). [2] On 18 February 2026, the Applicant and Respondent were sent a notice of listing for a telephone conciliation conference to be conducted by Microsoft Teams before one of the Commission’s staff conciliators. The notice of listing detailed that the telephone conciliation conference would occur at 11:15 AM Perth time on 10 March 2026 and provided a Microsoft Teams link for accessing the telephone conciliation conference. In addition, the notice of listing contained information about adjournment requests and provided a telephone number which parties could call in the event of any technical difficulties. [3] On 5 March 2026, the Applicant and Respondent were sent an SMS reminder with respect to the conciliation conference. [4] The Applicant did not attend the telephone conciliation conference scheduled for 10 March 2026. The Applicant did not contact the Commission before, during or after the conference to seek an adjournment, alert the Commission to any technical difficulties, or explain their non-attendance. [5] On 7 April 2026, my Chambers emailed the parties noting the Applicant’s non- attendance at the conciliation conference and directing the Applicant to inform Chambers by no later than 14 April 2026, whether they wished to proceed with the Application. The Applicant was warned that absent their response by 14 April 2026, I would likely dismiss the Application under s 587 of the Act without further notice. [6] On 22 April 2026, my Chambers again emailed the parties noting the Applicant’s non- attendance at the conciliation conference and directing the Applicant to inform Chambers by no later than 29 April 2026 whether they wished to proceed with the Application. The Applicant [2026] FWC 1443 DECISION AND ORDER -- 1 of 2 -- [2026] FWC 1443 2 was warned that absent their response by 29 April 2026, their Application would very likely be dismissed under s 587 of the Act without further notice. Regrettably, no response has been received by the Applicant to date. [7] Section 587 of the Act allows the Commission to dismiss an application if it is apparent that an applicant has stopped pursuing or participating in the proceedings that they commenced. Section 587(3)(a) allows the Commission to dismiss an application on its own initiative, so long as the applicant has been afforded procedural fairness. [8] 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]). [9] I am satisfied that the Applicant’s conduct in failing to attend the conciliation conference scheduled for 10 March 2026, make any contact with the Commission concerning their non- attendance, or respond to the emails from my Chambers dated 7 April 2026 and 22 April 2026, demonstrates that they are no longer willing to participate in their own case. [10] The Applicant has been provided with the opportunity to inform the Commission that they wish to proceed with the Application and has been on notice since 7 April 2026 of the likely consequences if they did not do so. To date, the Commission has received no response. [11] For these reasons, I have decided to dismiss the application on my own initiative for want of prosecution, utilising the facility provided for by s 587(3)(a) of the Act. I make the following order: A. The application lodged by Andrew Cook on 21 January 2026 for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Cth) is dismissed. DEPUTY PRESIDENT Matter determined on the papers Printed by authority of the Commonwealth Government Printer <PR798964> -- 2 of 2 --