Application by Penny Huckel

[2024] FWC 3423

[2024] FWC 3423

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.739—Dispute resolution in relation to flexible working arrangements

Application by Penny Huckel

(C2024/7583)

DEPUTY PRESIDENT EASTON SYDNEY, 6 DECEMBER 2024

Application to deal with a dispute in relation to flexible working arrangements – application dismissed.

1. On 19 October 2024 Ms Penny Huckel made an application to deal with a dispute in relation to flexible working arrangements to the Fair Work Commission under s.739 of the Fair Work Act 2009 (Cth).

1. For the reasons that follow I am satisfied that Ms Huckel’s application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. Ms Huckel’s application was incomplete because she did not complete important questions relating to the legal basis of her claim.

1. Commission staff contacted Ms Huckel on the following dates:

   ·   25 October 2024 by telephone and email; and

   ·   30 October 2024 by telephone and email.

1. Ms Huckel indicated by telephone that she was confused about the particular questions on the form. Ms Huckel was given information about how she could obtain legal advice about her claim.

1. On 4 November 2024 an email was sent to Ms Huckel asking her to provide a completed Form F10 be filed by no later than 6 November 2024. Ms Huckel has been on notice of the likely consequences of the application remaining incomplete.

1. No response has been received from Ms Huckel.

1. Section 587 of the Act provides as follows:

“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.

…

(3)   The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Section 587 confers a discretion on the Commission to dismiss the application. I am satisfied that Ms Huckel has had the opportunity to put its case for consideration on all matters material to the making of the decision to dismiss the application under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). Ms Huckel has been given ample opportunity to rectify the deficiency in the application however the Commission’s inquiries and warnings have been ignored.

1. I have decided to dismiss Ms Huckel’s application using the power available under s.587(1)(a) and make the following order:

1. The application under s.739 of the Fair Work Act 2009 (Cth) made by Ms Penny Huckel on 19 October 2024 is dismissed.

DEPUTY PRESIDENT

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