G.M.

[2020] FWC 2118

[2020] FWC 2118

FAIR WORK COMMISSION

DECISION

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

G.M.
(AB2020/219)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 APRIL 2020

Application for an FWC order to stop bullying.

[1] On 28 March 2020, G.M. 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] On 30 March 2020, the Commission telephoned and emailed G.M. requesting she contact the Commission to discuss her application.

[3] On 31 March 2020, the Commission again telephoned G.M. and left a message requesting she contact the Commission to discuss her application.

[4] On 31 March 2020, the Commission sent correspondence to G.M. and Mr Morris allowing them 7 days to make payment and file an amended application. The application lists the G.M.’s representative as Mr Morris of the Australian Nursing and Midwifery Federation, however, this information was not able to be confirmed with G.M. or Mr Morris.

[5] On 7 April 2020, the Commission telephoned G.M. and left a message requesting she contact the Commission about her application.

[6] On 7 April 2020, the Commission sent correspondence to G.M. and Mr Morris requesting they make payment and file an amended application if they wished to proceed, or alternatively, to contact the Commission if they wished to discontinue the matter. The correspondence noted that the application may be dismissed if the requested information was not received in 14 days.

[7] On 21 April 2020, the Commission telephoned G.M. and left a message requesting she contact the Commission about her application.

[8] To date, neither the Applicant nor Mr Morris has contacted the Commission, made payment, or filed an amended application as requested.

[9] . 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.”

[10] In considering all the circumstances, I am satisfied that the relevant application form was not accompanied by the prescribed fee. Given the absence of the fee payment, it is likely that there is no valid application before the Commission 1 and no further action is required. G.M. has not engaged with the Commission since lodging the application on 28 March 2020, despite seven attempts by the Commission to make contact. A non-compliant application is directly contemplated by s.587(1)(a) of the Act, and I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

[11] Accordingly, exercising the general discretion held by the Commission, I dismiss the application.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   Atanaskovic Hartnell Corporate Services Pty Limited t/a Atanaskovic Hartnell v Elizabeth Maree Kelly[2017] FWCFB 763 at [29].