K.P.

[2021] FWC 6193

[2021] FWC 6193

FAIR WORK COMMISSION

DECISION

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

K.P.
(AB2021/534)

COMMISSIONER MCKINNON MELBOURNE, 25 OCTOBER 2021

Application for an order to stop bullying.

[1] On 23 September 2021, K.P. made application for an order to stop bullying at work under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that it did not contain sufficient relevant information to enable the Commission to progress the matter. The application was also not accompanied by the required filing fee or a completed application to waive the fee.

[3] On 28 September 2021, the Commission emailed K.P. requesting that she contact the Commission to discuss the application. A voicemail message was also left asking her to contact the Commission.

[4] On 28 September 2021, the Commission received an email from K.P. advising “I have called a few times but I haven’t had much luck getting in contact any one (sic).”

[5] On 1 October 2021, the Commission left a voicemail message for K.P. to contact Commission and on 4 October 2021, the Commission spoke with K.P. who advised she wished to amend her application. The Commission emailed K.P. confirming that her application was incomplete and that it required further information and payment (or a fee waiver application), if she wished to proceed. A response was sought within 7 days.

[6] No response was received and on 11 October 2021, the Commission wrote to K.P. to advise that the application could not be advanced and may be dismissed if the required information and payment was not provided by 25 October 2021.

[7] On 25 October 2021, the Commission made a further telephone call to K.P. and left a message advising that the application would now be referred for further consideration and may be dismissed.

[8] No response has been received from K.P since 4 October 2021. Neither the required information nor payment has been provided. It is not apparent that any further action has been taken by K.P. or on her behalf to progress the application.

[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] The application made by K.P was not accompanied by the prescribed fee. It is not made in accordance with the Act. Further, no reasonable steps to progress the application or to respond to communication from the Commission have been taken by K.P since 4 October 2021.

[11] In those circumstances, the application is dismissed, both for want of prosecution and because it is not made in accordance with the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR735188>