D.W.

[2021] FWC 1135

[2021] FWC 1135

FAIR WORK COMMISSION

DECISION

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

D.W.
(AB2021/59)

DEPUTY PRESIDENT CLANCY MELBOURNE, 2 MARCH 2021

Application for an FWC order to stop bullying.

[1] On 5 February 2021, D.W. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] The application was incomplete in that it was not signed by D.W.

[3] On 5 February 2021, the Commission spoke with D.W. on the telephone and advised him the application was incomplete. D.W. advised he would sign the form and make other amendments, then provide it to the Commission. A letter was also sent on the same date to D.W. requesting he provide a signed application form.

[4] On 12 February 2021, D.W.’s application was still incomplete because he had not provided a signed application form to the Commission. The Commission attempted to telephone D.W. and left a voice message.

[5] A letter was then sent to D.W. on 12 February 2021, requesting that he contact the Commission by 26 February 2021 to give the information requested or tell the Commission why he has not responded to the request for more information. The letter stated that if he did not do this, his case was very likely to be dismissed without further notice, and his case would be closed.

[6] On 26 February 2021, the Commission attempted to telephone D.W. and left a voice message requesting urgent contact and noting that the application may otherwise be dismissed. Later on 26 February 2021, the Commission made a final attempt to telephone D.W. but was unable to speak with him.

[7] No response has been received from D.W. The required information has not been provided and no further action has been taken by him or on his behalf.

[8] 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.”

[9] In considering all the circumstances, I am satisfied that the application has not been made in accordance with the Act. Given the lack of response from D.W. to repeated contact from the Commission, I can only infer that D.W. no longer wishes to pursue an application. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

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