J.L.

[2020] FWC 2669

[2020] FWC 2669

FAIR WORK COMMISSION

DECISION

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

J.L.
(AB2020/278)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 MAY 2020

Application for an FWC order to stop bullying.

[1] On 29 April 2020, J.L. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was not clear in that J.L. appeared to identify the Person Named as his support person.

[3] On 29 April 2020, a phone call was made to the Applicant. The process, steps and timeframes were confirmed, and the service requirements were discussed. The Applicant confirmed that he would like the opportunity to amend the application and his service email which contained his mother’s email details.

[4] Following this telephone conversation, the Commission wrote to J.L. confirming that that J.L. 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 29 April 2020, a fee waiver was granted by the National Practice Leader.

[6] On 1 May 2020, the Applicant telephoned the Commission to discuss recent events at his workplace and noted that he would likely submit the amended application that day.

[7] On 6 May 2020, the Commission telephoned the Applicant who advised that he was unable to talk but that he would call back in 20 minutes.

[8] Following the telephone conversation, a final reminder letter was sent by the Commission advising J.L. that unless the amended application 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.

[9] On 20 May 2020, a voicemail was left for the Applicant requesting he contact the Commission that day and noting that the matter may be dismissed.

[10] No response has been received from J.L., the amended application has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, the incomplete application has not been served upon any apparent respondent parties.

[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] I am satisfied that it is appropriate to dismiss the purported application having regard to the circumstances of this matter. Since advising that he wished to amend his Form F72 over three weeks ago, J.L. has not done so nor has he responded to the further attempts made by the Commission to contact him. The Commission is left to infer he does not wish to pursue his application at this time.

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

DEPUTY PRESIDENT

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