D.F.

[2020] FWC 3780

[2020] FWC 3780

FAIR WORK COMMISSION

DECISION

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

D.F.
(AB2020/409)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 JULY 2020

Application for an FWC order to stop bullying.

[1] On 22 June 2020, D.F. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[1] The application was incomplete in that one field in the signature page was not filled and the Employer and Person Named sections lacked any street and suburb details.

[2] On 23 June 2020, the Commission telephoned D.F. to discuss his application. A voicemail was left requesting D.F. telephone the Commission.

[3] Following the attempted telephone call, an email was sent to D.F. noting that it is the Commission’s standard process to hold a preliminary discussion and ensure the anti-bullying jurisdiction’s scope, in addition to the steps the Commission takes in dealing with the matter are clearly explained and clarified. The email also requested that D.F. contact the Commission so that the Commission could commence dealing with his application in a timely manner.

[4] On 24 June 2020, the Commission again telephoned D.F. and left a voicemail requesting D.F. telephone the Commission.

[5] On 25 June 2020, a further telephone call was made to D.F. and a voicemail was left requesting D.F. contact the Commission. The Commission also noted that an email would be sent, advising D.F. to check the junk mail folder of his Hotmail account in case it ended up there.

[6] Following the attempted telephone call, an email was sent to D.F. with a letter noting that he was required to add his full name to both the signature and names sections on page 10 of his application, and provide the postal address of both the contact person of the Employer and the Person Named. The letter noted that in the absence of any advice from D.F. within 7 days from the date of the letter, the application may be closed without further notice.

[7] On 2 July 2020, the Commission telephoned D.F. and left a voicemail requesting that he contact the Commission. The Commission noted that his application remains incomplete and an additional reminder letter would be sent via email the same day.

[8] A further letter was then emailed to D.F. advising that if the required information was not received by the Commission within 14 days, the application would be referred to the Panel Head for anti-bullying matters and the Commission may decide to exercise its power under subsection 587(1)(a) of the Act to dismiss D.F.’s application without further notice to him.

[9] On 16 July 2020, the Commission attempted to telephone D.F. one final time however there was no answer and no option to leave a voicemail.

[10] 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.”

[11] In considering all the circumstances, I am satisfied that the relevant application form was incomplete, and therefore the application has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. Further, I note that despite eight separate emails or telephone calls sent and made by the Commission, D.F. has not responded or engaged with the Commission. I am therefore satisfied that it is appropriate in all the circumstances to dismiss the purported application.

[12] Accordingly, the application is dismissed under s.587 of the Act. Of course, should D.F. wish to file a new application that is made in accordance with the Act in the future, he is not precluded from doing so.

DEPUTY PRESIDENT

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