B.L.

[2017] FWC 4305

[2017] FWC 4305

FAIR WORK COMMISSION

DECISION

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

B.L.
(AB2017/407)

COMMISSIONER HAMPTON ADELAIDE, 21 AUGUST 2017

Application for an FWC order to stop bullying.

[1] On 26 July 2017, B.L. 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 incomplete in that it remained unsigned. When initially contacted by the Commission, B.L. confirmed that she intended to proceed with the application and would shortly file a signed application.

[3] On 26 July, B.L. was advised by letter that her application required a signature or some other confirmation if she wished to proceed with the application.

[4] On 2 August, the Commission again wrote to B.L. and advised that the application may be dismissed if the required signed document was not received within 14 days. B.L. subsequently contacted the Commission to advise that she was meeting with her employer that day to resolve the matter and would file a signed application should she need to proceed with the s.789FC application.

[5] No further response has been received from B.L. and no action has been taken by her or on her behalf.

[6] 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.”

[7] 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 of the circumstances to dismiss the application.

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

COMMISSIONER

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