Amanda Weber

[2016] FWC 3033

[2016] FWC 3033

FAIR WORK COMMISSION

DECISION

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

Amanda Weber
(AB2015/427)

COMMISSIONER WILLIAMS PERTH, 13 MAY 2016

Application for an FWC order to stop bullying.

[1] This application was filed by Ms Amanda Weber (Ms Weber) on 9 July 2015.

[2] Following initial contact with the parties involved the Commission has listed this application for a conference to be held on dates in September, October, November and December 2015 however on each occasion the conference was cancelled at Ms Weber’s request due to her personal circumstances.

[3] On 2 May 2016 my associate sent an email to Ms Weber advising that the Commission had not heard from her since January 2016 and given her application was filed in July 2015 the Commission intended to close the file unless she advised she wished to proceed in which case the matter would shortly be listed for a conference. Ms Weber was invited to provide a response no later than Tuesday, 10 May 2016.

[4] As at the date of this decision Ms Weber has not advised the Commission of her intentions or otherwise contacted the Commission.

The legislation

[5] Section 577 of the Fair Work Act 2009 (the Act) obliges the Commission to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

[6] Section 789FE of the Act states the Commission must start to deal with an application such as this which has been made under section 789FC within 14 days after the application is made which reinforces the legislative requirement for the Commission to deal with applications promptly.

[7] Section 587 (3) of the Act empowers the Commission to dismiss an application on its own initiative.

Decision

[8] In this case the applicant has repeatedly sought delays in the Commission dealing with her application. The applicant has not responded to the Commission’s invitation to confirm that she still wishes to proceed with her application.

[9] The persons named in the application and the applicant’s employer can reasonably expect to have the application determined within a reasonable time.

[10] Consequently my decision is that this application should now be dismissed on the initiative of the Commission under section 587 (3) of the Act.

[11] An order to this effect will be issued in conjunction with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR580343>