Application by Z.B.

[2014] FWC 1098

[2014] FWC 1098

FAIR WORK COMMISSION

DECISION

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

Application by Z.B.
(AB2014/1019)

COMMISSIONER HAMPTON ADELAIDE, 14 FEBRUARY 2014

Application for an FWC order to stop bullying.

[1] On 16 January 2014, Z.B made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was not accompanied by the required filing fee.

[3] On 16 January 2014, Z.B was advised by telephone and subsequent letter that their application required payment of the filing fee, or a completed waiver form, if they wished to proceed with their application.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying

...

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 23 January 2014, the Fair Work Commission (the Commission) wrote again to Z.B in relation to the matter.

[7] No further response was received from Z.B and payment of the required fee has not been made. Z.B was advised that the application may be dismissed if the required payment, or the waiver details, were not provided.

[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 was not accompanied by the prescribed fee under the Act and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

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