A.W.

[2020] FWC 6534

[2020] FWC 6534

FAIR WORK COMMISSION

DECISION

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

A.W.
(AB2020/744)

DEPUTY PRESIDENT CLANCY MELBOURNE, 4 DECEMBER 2020

Application for an FWC order to stop bullying.

[1] On 8 November 2020, A.W. 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 sufficient contact details of the Person Named for service of documents, it did not contain details for a contact person at the Employer nor contact details to effect service of documents on the Employer.

[3] On 10 November 2020, the Commission attempted to telephone A.W. but was unable to reach her so a voice message was left requesting that A.W. telephone the Commission.

[4] On the same day, an email was sent to A.W. requesting that she telephone the Commission.

[5] On 11 November 2020, the Commission again attempted to telephone A.W., however was unable to reach her, so another voice message was left requesting that A.W. telephone the Commission.

[6] Later the same day, a letter was emailed to A.W. noting that there was missing information in her application. The letter stated that A.W. needed provide the name and contact details of a person at her work so that the Commission could get in touch with them about her application. The letter also asked A.W. to provide a direct phone number and email address for her named representative. The letter further asked A.W. to provide contact details of the person A.W. named as engaging in bullying behaviour. The letter stated that the Commission needed A.W. to fix her application before the Commission could go ahead with her case. The letter instructed her to do so by 18 November 2020, warning that her application may be dismissed if she did not do so.

[7] On 18 November 2020, the Commission attempted to telephone A.W. but was unable to reach her, so a voice message was left requesting that A.W. telephone the Commission.

[8] Later that same day, a letter was emailed to A.W. noting that the letter from the Commission on 11 November 2020 had requested that she:

•  provide contact details for a contact person at her work.

•  clarify the contact details for her representative and/or support person.

•  provide contact details for the person she says engaged in bullying behaviour at work.

[9] The letter noted that the Commission had given her 7 days to provide this information, but the Commission hadn’t received anything from her. The letter went on to state that A.W. needed to contact the Commission by 2 December 2020 to give the information requested or tell the Commission why she had not responded to the request for more information.

[10] On 30 November 2020, the Commission attempted to telephone A.W. but was unable to speak with her so a voice message was left requesting A.W. telephone the Commission, noting that if the Commission did not hear back from her in a timely manner her application may be dismissed.

[11] As no response was received by 2 December 2020, the Commission made a final attempt to contact A.W. but was unable to speak with her. A voice message was left noting that A.W.’s application was likely to be dismissed if the Commission did not hear from her urgently.

[12] Since filing her application on 8 November 2020, no further action has been taken by A.W. or on her behalf to respond to the Commission’s queries and progress the application. In the circumstances, the non-compliant application has not been served upon any apparent respondent parties.

[13] 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.”

[14] It is not clear what the intentions of A.W. are because she has not responded to repeated contact from the Commission. I can only infer she no longer wishes to pursue an application. In considering all the circumstances, I am satisfied that the relevant application was incomplete and has therefore 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.

[15] Accordingly, the application is dismissed pursuant to s.587(1) of the Act. Of course, should A.W. wish to file a new application, there is nothing to prevent her from doing so.

DEPUTY PRESIDENT

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