G.M.

[2017] FWC 5827

[2017] FWC 5827

FAIR WORK COMMISSION

DECISION

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

G.M.
(AB2017/544)

COMMISSIONER HAMPTON ADELAIDE, 7 NOVEMBER 2017

Application for an FWC order to stop bullying.

[1] On 11 October 2017, G.M. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 12 October G.M. was advised by telephone and letter that her application was incomplete and required further information if she wished to proceed. G.M. indicated she wished to make some amendments to the application and provide additional materials prior to service.

[4] On 19 October, the Commission again telephoned and wrote to G.M. in relation to the matter. G.M. was advised that the application may be dismissed if the further information was not provided to the Commission within 14 days, being no later than 2 November 2017.

[5] On 27 October, the Commission made further attempts to contact G.M. by telephone in relation to the matter. G.M. indicated she was considering her position in relation to leaving the employer and was taking advice. Further, G.M. acknowledged she was to confirm her intentions by 2 November 2017 or the matter would be referred to the Panel Head for immediate consideration whether the application should be dismissed.

[6] No further response has been received from G.M since that time. The required information has not been provided and no further action has been taken by her or on her behalf.

[7] 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.”

[8] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. On one view there is not a proper application before the Commission and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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