Amanda Cook v Department Of Communities And Justice [2025] FWC 3620

1 Fair Work Act 2009 s.394—Unfair dismissal Amanda Cook v Department Of Communities And Justice (U2025/12357) 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 29 July 2025 Ms Amanda Cook made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] Ms Cook application raised a concern about whether the respondent is a National System Employer. It appears that Ms Cook was a former State Government employee in New South Wales. [3] Commission staff tried to contact Ms Cook on 4 August, 18 August and 20 August 2025 about this concern. [4] On 8 October 2025 an email was sent to Ms Cook in relation to whether her former employer was a National System Employer and advised that she was required to respond by 16 October 2025. Ms Cook was advised that her application may be dismissed without further notice if she did not respond. An SMS was also sent to Ms Cook telling her that an important email had been sent. [5] Ms Cook has not responded to the Commission’s correspondence. [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 Cook 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 Cook’s application. I make the following order: [2025] FWC 3620 DECISION AND ORDER -- 1 of 2 -- [2025] FWC 3620 2 A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Amanda Cook on 29 July 2025 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR794283> -- 2 of 2 --