Amy Hay v Department Of Communities And Justice [2025] FWC 3609

1 Fair Work Act 2009 s.394—Unfair dismissal Amy Hay v Department Of Communities And Justice (U2025/11653) DEPUTY PRESIDENT EASTON SYDNEY, 27 NOVEMBER 2025 Application for an unfair dismissal remedy – dismissal under s.587 at the Commission’s initiative for want of prosecution. [1] On 14 July 2025 Ms Amy Hay made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Ms Hay’s application raised a concern about whether the respondent is a National System Employer. It appears that Ms Hay was a former State Government employee in New South Wales. [3] Commission staff tried to contact Ms Hay on 25 July and 8 October 2025 about this concern. [4] On 8 October 2025, an email was sent to Ms Hay in relation to whether her former employer was a National System Employer and she was required to respond by 15 October 2025. Ms Hay was advised that her application may be dismissed without further notice if she did not respond. An SMS was also sent to Ms Hay telling her that an important email had been sent. [5] Ms Hay has responded, however did not provide any additional relevant information regarding whether the Respondent is a National System Employer. [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 Ms Hay 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 Ms Hay’s application. I make the following order: [2025] FWC 3609 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 3609 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Amy Hay on 14 July 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR794270> -- 2 of 2 --