Application by S.G.

[2014] FWC 6065

[2014] FWC 6065

FAIR WORK COMMISSION

DECISION

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

Application by S.G.
(AB2014/68)

COMMISSIONER HAMPTON ADELAIDE, 4 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 19 July 2014, S.G. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) filed by S.G. in the Fair Work Commission was incomplete in a number of important aspects, including the details of the persons cited as engaging in the alleged bullying conduct.

[3] On 21 July 2014, S.G was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 28 July 2014.

[4] On 22 July 2014, the Commission received an email from the applicant that related to an apparent request for a different body to complete an investigation into the alleged behaviour. The Commission directed S.G. to file the application with the appropriate body.

[5] On 23 July 2014, the Commission received a telephone call from S.G. stating that she wished the matter to proceed with the anti-bullying matter and advised that she would provide an amended application.

[6] On 28 July 2014, the Commission wrote again to S.G. and requested a completed Form F72 and advised that the existing application may, if the required Form was not supplied, be dismissed without further notice or hearing.

[7] S.G. has not subsequently contacted the Commission or provided the required details.

[8] 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.”

[9] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. The application also contains insufficient detail to enable the Commission to progress the matter. Further, S.G. has not advanced her application. In that light, it is not appropriate to waive the requirements of the Fair Work Rules 2013 and there is also no reasonable prospect that the present application would succeed. I am satisfied that it is appropriate in all the circumstances to dismiss the application.

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

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