B.D.

[2014] FWC 1019

[2014] FWC 1019

FAIR WORK COMMISSION

DECISION

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

B.D.
(AB2014/1015)

COMMISSIONER HAMPTON ADELAIDE, 12 FEBRUARY 2014

Application for an FWC order to stop bullying.

[1] On 12 January 2014, B.D 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 B.D in the Fair Work Commission (the Commission) was incomplete due to the following:

• Various questions asked in the application form were not complete;

• Revised address details which were to be provided by B.D were not supplied; and

• The required fee, or completed waiver form, did not accompany the application form.

[3] On 14 January 2014, B.D was requested by letter to provide the further details to the Commission by 21 January 2014.

[4] On 17 January 2014, B.D contacted the Commission by telephone and stated an amended application would be filed on 20 January 2014.

[5] B.D did not contact the Commission or provide the necessary details by that date.

[6] On 21 January 2014, B.D was again requested by letter to provide further details by 5 February 2014.

[7] B.D has not subsequently contacted the Commission or provided the necessary details as required. B.D was also advised that the application may be dismissed if the required details, or fee, were not supplied.

[8] 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.”

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

[10] 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.”

[11] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

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

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