D.B.

[2014] FWC 2903

[2014] FWC 2903

FAIR WORK COMMISSION

DECISION

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

D.B.
(AB2014/1125)

COMMISSIONER HAMPTON ADELAIDE, 5 MAY 2014

Application for an FWC order to stop bullying.

[1] On 18 March 2014, D.B. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was listed for preliminary proceedings by telephone on 15 April 2014. Neither D.B., nor anyone acting on his behalf, participated in the conference or otherwise contacted the Commission. No reason has been given for the non participation.

[3] The Commission has made several subsequent attempts to contact D.B. using the contact details provided in the application, but without success. As a result, a notice of listing was dispatched on 16 April 2014 for a further conference with the following notation:

“This matter has been re-listed for preliminary conference, however the applicant must advise the Fair Work Commission (FWC) of his intentions to proceed by no later than Thursday 1 May 2014.

In the event the applicant does not contact the FWC, the Commission may dismiss this application without further notice or hearing.”

[4] D.B. has not subsequently contacted the Commission as directed.

[5] 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.”

[6] In considering all the circumstances, I am satisfied that the application has no reasonable prospects of success. D.B. has not advanced his application or participated in proceedings that would permit the substance of the application to be determined. In that light, I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

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

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