A.P.

[2017] FWC 1198

[2017] FWC 1198

FAIR WORK COMMISSION

DECISION

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

A.P.
(AB2017/67)

COMMISSIONER HAMPTON ADELAIDE, 2 MARCH 2017

Application for an FWC order to stop bullying.

[1] On 7 February 2017, A.P. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) filed by A.P. in the Fair Work Commission (the Commission) was incomplete and did not contain sufficient information to enable the Commission to progress the matter. Further the application was not accompanied by the required filing fee.

[3] On 8 February, A.P. was requested by letter to complete the application and to provide the completed Form F72, along with the required filing fee or waiver application to the Commission within seven (7) days.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying
...

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 15 February, the Commission again wrote to A.P. in relation to the matter. A.P. was advised that the application may be dismissed if the necessary information/payment was not provided within 14 days.

[7] On 21 and 28 February, the Commission made further attempts to contact A.P. by telephone in relation to the matter.

[8] No further response has been received from A.P. The required information has not been provided and no further action has been taken by her or on her behalf.

[9] 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.”

[10] In considering all the circumstances, I am satisfied that the purported application has not been made in accordance with the Act. Given that the application is not in a form where it can be dealt with by the Commission, I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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