Application by Gong
[2025] FWC 1842
•27 JUNE 2025
| [2025] FWC 1842 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Application by Gong
(AB2025/354)
| DEPUTY PRESIDENT DEAN | CANBERRA, 27 JUNE 2025 |
Application for an FWC order to stop bullying – application dismissed.
On 2 May 2025 Ms Gong (Applicant) made an application pursuant to s.789FC of the Fair Work Act 2009 seeking an order to stop bullying.
The matter was listed for conference on 23 June 2025. However, the conference did not proceed as the Applicant failed to attend. Multiple attempts to contact the Applicant were unsuccessful, and she did not respond to any correspondence from the Commission about her absence.
Later that day, the Commission wrote to the Applicant regarding her failure to attend the conference. She was directed to provide an explanation for her non-attendance. No response was received.
On 25 June 2025 further correspondence was sent to the Applicant providing a final opportunity to respond. The Applicant was required to reply by 26 June 2025 and was advised that in the absence of a response her application may be dismissed.
As at the date of this decision, no response or correspondence has been received from the Applicant.
Section 587 of the Act provides the Commission with a broad discretion to dismiss an application. It reads:
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.
(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:
(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.
(3) FWC may dismiss an application:
(a) on its own initiative; or
(b) on application.
I am satisfied, on the basis of the Applicant’s failure to attend the Commission proceeding and her repeated failure to respond to Commission correspondence, that she has not demonstrated any intention to pursue her application. Accordingly, I have determined to dismiss the application for want of prosecution pursuant to s.587 of the Act.
An order dismissing the application will be issued with this decision.
DEPUTY PRESIDENT
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