A.L.

[2020] FWC 3085

[2020] FWC 3085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

A.L.
(AB2020/334)

DEPUTY PRESIDENT CLANCY MELBOURNE, 11 JUNE 2020

Application for a FWC order to stop bullying.

[1] On 19 May 2020, A.L. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that A.L. had identified her representative as being the Person Named and the Employer contact details of the Person Named had not been supplied.

[3] On 20 May 2020, a telephone call was made to A.L. and a voicemail was left requesting she contact the Commission.

[4] An email was then sent the same day from the Commission requesting that A.L. make contact with the Commission.

[5] Later that day A.L. telephoned the Commission and requested a return phone call.

[6] Subsequently, another telephone call was made to A.L. during which the process, steps and timeframes were confirmed. The insufficient information in the Application was discussed and A.L. stated that she would amend the Application to provide the full contact details of the Employer of the Person Named and amend the identification of the Person Named as A.L.’s representative. It was confirmed that a letter identifying the incomplete nature of the Application would be sent to her.

[7] Following the telephone call, the Commission wrote to A.L. outlining the information required and noting that in the absence of any advice from her within 7 days from the date of the letter, the application may be closed without further notice.

[8] On 27 May 2020, the Commission telephoned A.L. and left a voice message advising her that the requested information was to be supplied that day. The Commission further noted that if nothing was provided A.L. would receive a further letter and if the Application remained incomplete the matter may be referred to a Member of the Commission to be dismissed.

[9] Later that same day a letter was emailed to A.L. noting that unless the amended application was received by the Commission within 14 days, the Commission may decide to exercise its power under subsection 587(1)(a) of the Fair Work Act 2009 and dismiss the application without further notice.

[10] On 10 June 2020, the Commission telephoned A.L. and a voice message was left advising her that the matter would be referred to a Member to be dismissed if no completed form was provided to the Commission that day. A.L. was further advised that she should contact the Commission if she wished to discontinue her application.

[11] No response has been received from A.L., the amended application has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete application has not been served upon any apparent respondent parties.

[12] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.”

[13] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all the circumstances to dismiss the purported application.

[14] Accordingly, the application is dismissed under s.587(1)(a) of the Act

DEPUTY PRESIDENT

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