Application by Jimmy Parel

[2016] FWC 6721

[2016] FWC 6721

FAIR WORK COMMISSION

DECISION

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

Application by Jimmy Parel
(AB2016/370)

COMMISSIONER WILSON MELBOURNE, 19 SEPTEMBER 2016

Application for an FWC order to stop bullying.

[1] On 14 April 2016, Jimmy Parel made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The matter was listed for conference on 23 May and 9 June 2016. The matter did not resolve in conference. On 21 July 2016 the matter was listed for Mention hearing before me, and Directions were issued following the Mention hearing for the filing of written material in preparation for arbitration of the dispute.

[3] On 30 August 2016, Mr Parel advised my Chambers, in writing, that he wished to withdraw his application. The Commission advised Mr Parel of the formalities of discontinuing an application and requested Mr Parel complete a Form F50 - Notice of Discontinuance. A Copy of a Form F50 was forwarded to Mr Parel by email.

[4] The Commission sent email correspondence to Mr Parel on 31 August 2016 and 2 September 2016, noting the application remained open and that the Form F50 was required. To date the Commission has not received a completed Form F50, or any correspondence from Mr Parel subsequent to that which was received on 30 August 2016.

[5] Having regard to the material before me, I am satisfied that given Mr Parel’s advice that he no longer wanted to prosecute his application, he intended to discontinue his application but has not filed a Form F50.

[6] Section 588 of the Act provides;

588 Discontinuing applications

A person who has applied to the FWC may discontinue the application:

(a) in accordance with the procedural rules (if any); and

(b) whether or not the matter has been settled.

[7] I have decided to waive compliance with the Fair Work Commission Rules 2013.

[8] Rule 6 of the Rules provides that the Commission may dispense with compliance with the Rules. I have decided to waive compliance with the requirement that Mr Parel file and serve a Form F50 as I am satisfied that Mr Parel has discontinued his application.

[9] The application is, therefore, discontinued.

COMMISSIONER

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