E.V.

[2016] FWC 1644

[2016] FWC 1644

FAIR WORK COMMISSION

DECISION

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

E.V.
(AB2016/261)

COMMISSIONER HAMPTON ADELAIDE, 1 APRIL 2016

Application for an FWC order to stop bullying.

[1] On 14 January 2016, E.V. 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 not accompanied by the required filing fee but did include an application for waiver of the fee. Furthermore, the Form F72 was not complete.

[3] On 15 January 2016, the Fair Work Commission (the Commission) wrote to E.V. requesting that she complete the Form F72. E.V. provided an amended application on the same day.

[4] On 15 January 2016, E.V. was advised in writing that her application for waiver of the required filing fee had been refused given her circumstances and the application required payment of the required filing fee if she intended to proceed with the application.

[5] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying
...
(3) The application must be accompanied by any fee prescribed by the regulations.
(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.”

[6] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[7] On 18 January 2016, the Commission wrote again to E.V. in relation to the matter. E.V. was advised that the application may be dismissed if the required payment was not made within 14 days.

[8] On 27 January 2016, the Commission received email correspondence from E.V., which indicated that she would make payment of the required filing fee on the following Thursday.

[9] On 8, 9 and 24 February 2016, the Commission made further attempts to contact E.V. in relation to the matter.

[10] No further response has been received from E.V. The payment of the required fee has not been made and no further action has been taken by her or on her behalf.

[11] 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.”

[12] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR578020>