C.P.

[2014] FWC 2884

[2014] FWC 2884

FAIR WORK COMMISSION

DECISION

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

C.P.
(AB2014/1151)

COMMISSIONER HAMPTON ADELAIDE, 2 MAY 2014

Application for an FWC order to stop bullying.

[1] On 31 March 2014, C.P. 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 C.P. in the Fair Work Commission (the Commission) was incomplete and was not signed as required by Rule 17 of the Fair Work Commission Rules 2013.

[3] On 31 March 2014, C.P. was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 7 April 2014.

[4] On 7 April 2014, the Commission again contacted C.P. by telephone to seek a completed Form F72. During this conversation, C.P. indicated that she may not continue with the matter and would contact the Commission as soon as possible. On the same day, C.P. was sent further correspondence to confirm the requirement to provide a complete Form F72 to the Commission by 21 April 2014. C.P. has also been advised by the Commission that the application may be dismissed, if the required Form was not supplied, without further notice or hearing.

[5] C.P. has not subsequently contacted the Commission or provided the details as required.

[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. CP has also not advanced her application and in that light there is also no reasonable prospects of success. I am satisfied that it is appropriate in all the circumstances to dismiss the application.

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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550189>