Application by Simounds

Justin Simounds (the applicant) filed an application under s.789FC of the Fair Work Act 2009 seeking an order to stop bullying by his employer, Events Personnel Australia (the employer), and an individual named in the application. The application was initially allocated to the Fair Work Commission (the Commission) in early September 2015. Despite multiple directions to provide particulars of the allegations and supporting documentation, the applicant repeatedly failed to comply, leading to requests for adjournments and further directions. The applicant cited personal circumstances, including mental health issues and financial difficulties, as reasons for non-compliance. The employer argued that the application should be dismissed as it had no reasonable prospects of success, as the applicant had not been offered work by the employer since April 2015 and was possibly working for a competitor.

The Deputy President considered the application under s.587 of the Act, which allows the Commission to dismiss an application if it is frivolous or vexatious, has no reasonable prospects of success, or is not made in accordance with the Act. While acknowledging the applicant's personal difficulties, the Deputy President found that the applicant's explanations for non-compliance were insufficient to justify dismissal. The applicant had, however, belatedly complied with the directions and intended to proceed with the application. The Deputy President concluded that dismissing the application would be a serious step and decided not to dismiss it for want of prosecution. However, the Deputy President also considered whether the application had a reasonable prospect of success. Given the applicant had not been offered work by the employer for ten months, and the employer's policy of not employing those working for direct competitors, the Deputy President concluded that there was no risk of the applicant being bullied at work. This lack of risk meant that the application had no reasonable prospect of success, and the Deputy President dismissed the application under s.587(1)(c) of the Act.