B.H.

[2017] FWC 4426

[2017] FWC 4426

FAIR WORK COMMISSION

DECISION

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

B.H.
(AB2017/415)

COMMISSIONER HAMPTON ADELAIDE, 29 AUGUST 2017

Application for an FWC order to stop bullying.

[1] On 31 July 2017, B.H. 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. When contacted by the Fair Work Commission (FWC) regarding this issue, B.H. was also advised that further particulars of the individuals alleged to have engaged in bullying behaviour were required.

[3] On 1 August 2017, B.H. was advised by letter that his application required payment of the filing fee, or a completed waiver form if he wished to proceed with the 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 8 August 2017, the Commission again telephoned and wrote to B.H. in relation to the matter. B.H. was advised that the application may be dismissed if the further information was not provided and the required payment was not made within 14 days.

[7] On 22 and 23 August 2017, the Commission made further attempts to contact B.H. in relation to the matter.

[8] No further response has been received from B.H. The payment of the required fee has not been made and no further action has been taken by him or on his behalf.

[9] 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.”

[10] 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. On one view there is not a proper application before the Commission and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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