CPI

[2021] FWC 5245

[2021] FWC 5245

FAIR WORK COMMISSION

DECISION

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

CPI
(AB2021/416)

COMMISSIONER MCKINNON MELBOURNE, 25 AUGUST 2021

Application for an FWC order to stop bullying.

[1] On 26 July 2021, CPI 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 a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 26 July 2021, CPI was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 27 July 2021, the Commission telephoned and wrote to CPI in relation to the matter. CPI was advised that the application could not be advanced and may be dismissed if the required information was not received by 3 August 2021.

[5] On 3 August 2021, the Commission again telephoned and wrote to CPI advising that if the Commission did not receive a response by 17 August 2021, the application may be dismissed.

[6] No response has been received from CPI and the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, the incomplete and non-compliant application has not been served upon any apparent respondent parties.

[7] 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.”

[8] Under section 587(1) of the Act, the Commission can dismiss an application including in circumstances where the application is not made in accordance with the Act, or is frivolous or vexatious, or has no reasonable prospects of success.

[9] As the application made by CPI was not complete, it was not made in accordance with the Act. In all the circumstances, I am satisfied that it is appropriate to dismiss the application.

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

COMMISSIONER

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