Application by B.H

[2016] FWC 2056

[2016] FWC 2056

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying
B.H.
(AB2016/59)
COMMISSIONER HAMPTON	ADELAIDE, 5 APRIL 2016
Application for an FWC order to stop bullying.

[1]        On 2 March 2016, B.H. made an application for an order to stop bullying under

s.789FC of the Fair Work Act 2009.

[2]        The application form (Form F72) was not accompanied by the required filing fee.

[3]        On 3 March 2016, B.H. was advised by letter that their application required payment

of the filing fee, or a completed waiver form, if she wished to proceed with the application.

[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 4 March 2016, B.H. contacted the Commission via telephone and indicated that

she would call back with the required payment details.

[7]        On 10 March 2016, the Commission wrote again to B.H. in relation to the matter. B.H.

was advised that the application may be dismissed if the required payment was not made

within 14 days.

[8]        On 24 and 29 March 2016, the Commission made further attempts to contact B.H. in

relation to the matter.
[2016] FWC 2056

[9]        No further response has been received from B.H. The payment of the required fee has

not been made and no further action has been taken by her or on her behalf.

[10]      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.”

[11]      In considering all the circumstances, I am satisfied that the relevant application was

not accompanied by the prescribed fee under the Act and has not been made in accordance

with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the

application.

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

COMMISSIONER

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