J.S.

[2014] FWC 7925

[2014] FWC 7925

FAIR WORK COMMISSION

DECISION

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

J.S.
(AB2014/163)

COMMISSIONER HAMPTON ADELAIDE, 12 NOVEMBER 2014

Application for an FWC order to stop bullying.

[1] On 14 October 2014, J.S. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) filed by J.S. in the Fair Work Commission (the Commission) was not signed as required by Rule 17 of the Fair Work Commission Rules 2013 and was not accompanied by the required filing fee.

[3] On 15 October 2014, J.S. was advised by letter that their application was required to be completed and payment of the filing fee, or a completed waiver form, was required if they wished to proceed with their application.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying

...

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 15 October 2014, J.S. contacted the Fair Work Commission (the Commission) to advise that he is still wanted to proceed and will provide the signed application and make payment.

[7] On 22 October 2014, the Commission sent further correspondence to J.S. in relation to the matter. J.S. was advised that the application may be dismissed, without further notice or hearing, if the required payment was not made within 14 days.

[8] No further response has been received from J.S. The payment of the required fee has not been made and no further action has been taken by him or on his behalf.

[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 was not accompanied by the prescribed fee and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

[12] I note that to the extent that J.S. has indicated an intention to lodge a completed form, nothing in this decision would prevent that cause of action.

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