L.W.

[2020] FWC 1586

[2020] FWC 1586

FAIR WORK COMMISSION

DECISION

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

L.W.
(AB2020/150)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 MARCH 2020

Application for an FWC order to stop bullying.

[1] On 1 March 2020, L.W. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] On 2 March 2020, the Commission spoke with L.W. via telephone to discuss the application and to confirm her intention to proceed with the application. L.W. advised the Commission that she wished to firstly update her application form (Form F72) and would make payment of the required fee to confirm her intention to proceed with the application. Following the telephone conversation, the Commission emailed L.W. correspondence confirming that she was to provide the Commission an updated Form F72 and payment of the required fee before the application could proceed further. The correspondence warned that in the absence of any advice from L.W. within seven days, the application may be closed without further notice. Further correspondence was also emailed to L.W. on the same day providing information to the Commission’s Workplace Advice Service.

[3] As no advice was received from L.W., the Commission attempted to telephone her on 9 March 2020. This was unsuccessful so a voicemail message was left advising L.W. that she was to provide the amended Form F72 and payment of the required fee within 14 days, otherwise the matter was at risk of being dismissed. Following this, correspondence was emailed to L.W. warning that if the required information was not provided within 14 days, the Commission may decide to exercise its power pursuant to s.587(1)(a) of the Act to dismiss the application.

[4] On 23 March 2020, a final telephone call was attempted to L.W. Again, this was unsuccessful and a voicemail message was left advising her that in the absence of an amended Form F72 and payment of the required fee, the application was at risk of being dismissed. The Commission further urged L.W. to contact the Commission via telephone or email if she wished to discontinue her application.

[5] To date, no response has been received from L.W., 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 and non-compliant application has not been served upon any apparent respondent parties.

[6] 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.”

[7] Having regard to the circumstances of this matter, I am satisfied that the application has not been made in accordance with the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

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