A.R.

[2021] FWC 2900

[2021] FWC 2900

FAIR WORK COMMISSION

DECISION

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

A.R.
(AB2021/228)

DEPUTY PRESIDENT CLANCY MELBOURNE, 20 MAY 2021

Application for an FWC order to stop bullying.

[1] On 23 April 2021, A.R. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] The application was incomplete in that it did not provide details of the Employer/Principal or Persons Named.

[3] On 23 April 2021, the Commission spoke with A.R. by telephone. The required information was discussed and A.R. stated that he would amend the Application.

[4] Following this telephone conversation, the Commission wrote to A.R. on 23 April 2021 confirming that the application was incomplete and that A.R. wished to amend his Application. A.R. was advised that in the absence of any advice from him by 30 April 2021, the application may be dismissed.

[5] On 3 May 2021, A.R’s application was still incomplete because he had not provided any further details. The Commission telephoned A.R. to discuss his application but was unable to speak with him. A voice message was left requesting A.R. contact the Commission. The Commission also wrote to A.R. advising that unless the required information was received by the Commission within 14 days the application would be dismissed.

[6] To date, the amended application form has not been received from A.R. and no further action has been taken by him or on his behalf.

[7] 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.”

[8] In considering all the circumstances, I am satisfied that the 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 of the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

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