G.C.

[2020] FWC 1440

[2020] FWC 1440

FAIR WORK COMMISSION

DECISION

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

G.C.
(AB2020/131)

DEPUTY PRESIDENT CLANCY MELBOURNE, 18 MARCH 2020

Application for an FWC order to stop bullying.

[1] On 21 February 2020, G.C. 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 form (Form F72) was not complete as G.C. had not signed it. Furthermore, the Form F72 was not accompanied by the required filing fee or a completed waiver application.

[3] On 24 February 2020, the Commission attempted to telephone G.C. and left a voicemail message requesting a return call. Following this, the Commission sent an email to G.C. seeking her return call. Contact was eventually established on the same day when G.C. called the Commission and advised that she was unsure whether or not she wished to proceed with her current application. G.C. also advised the Commission that she would provide a signed Form F72 and payment if she decided to proceed.

[4] Following the telephone conversation on 24 February 2020, the Commission emailed correspondence to G.C. confirming that she was required to sign the Form F72 and provide payment of the required fee before the application could proceed further. The correspondence warned that in the absence of any advice from G.C. within seven days, the application may be closed without further notice.

[5] As no advice was received from G.C., the Commission attempted to telephone her on 2 March 2020. This call was unsuccessful so a voicemail message was left, referring G.C. to the correspondence sent on 24 February 2020 and requesting advice as to whether or not she intended to proceed with the application. Further correspondence was emailed to G.C. on the same day warning that if the required information was not provided within 14 days, the Commission may decide to exercise its power pursuant to s.587(1)(a) of the Act to dismiss the application.

[6] On 16 March 2020, a final telephone call was attempted to G.C. Again, this was unsuccessful and a voicemail message was left requesting her urgent advice.

[7] To date, no response has been response from G.C., the required information has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete and non-compliant application has not been served upon any apparent respondent parties.

[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] Having regard to the circumstances of this matter, I am satisfied that the application has not been made in accordance with 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) of the Act.

DEPUTY PRESIDENT

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