J.F.

[2020] FWC 2658

[2020] FWC 2658

FAIR WORK COMMISSION

DECISION

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

J.F.
(AB2020/276)

DEPUTY PRESIDENT CLANCY MELBOURNE, 20 MAY 2020

Application for an FWC order to stop bullying.

[1] On 26 April 2020, J.F. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that insufficient contact details had been provided for the Employer.

[3] On 28 April 2020, a phone call was made to the Applicant. The required information was discussed, and the Applicant stated that she would amend the Application.

[4] Following this telephone conversation, the Commission wrote to J.F. confirming that the application was incomplete and that J.F. wished to amend the Application. The letter also noted that in the absence of advice from the Applicant within 7 days the application may be closed without notice.

[5] On 5 May 2020, the Commission telephoned the Applicant and left a voicemail advising that the application was still incomplete and noting that the Commission would send a final incomplete reminder letter that day.

[6] On 5 May 2020, the final reminder letter was sent by the Commission advising J.F. that unless the required information was received by the Commission within 14 days the application would be referred to the National Practice Leader for anti-bullying matters and may be dismissed.

[7] On 19 May 2020, a voicemail was left for the Applicant requesting she contact the Commission and noting that the matter may be dismissed.

[8] No response has been received from J.F., 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 application has not been served upon any apparent respondent parties.

[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 has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

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