M.B.

[2021] FWC 6126

[2021] FWC 6126

FAIR WORK COMMISSION

DECISION

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

M.B.
(AB2021/510)

COMMISSIONER MCKINNON MELBOURNE, 14 OCTOBER 2021

Application for an FWC order to stop bullying

[1] On 13 September 2021, M.B. 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 a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter. Further, the application was not accompanied by the required filing fee or a completed waiver application.

[3] On 16 September 2021, the Commission called M.B. who advised she was unable to speak to someone and would call the Commission back another time.

[4] On 17 September 2021, the Commission emailed M.B. requesting she call the Commission regarding her application.

[5] On 20 September 2021, the Commission called M.B. who advised she was unable to speak to someone and would call the Commission back another time.

[6] On 21 and 29 September 2021, the Commission called M.B. and left a message on voicemail for M.B. to contact the Commission regarding her application.

[7] On 22 September 2021 at 10.19 am, M.B. was advised by email letter that her application was incomplete and required further information and payment (or a fee waiver application), if she wished to proceed.

[8] On 22 September 2021 at 1.45 pm, M.B. contacted the Commission and advised she would complete the application and make payment of the required fee.

[9] On 29 September 2021, the Commission again wrote to M.B. in relation to the matter. M.B. was advised that the application could not be advanced and may be dismissed if the required information and payment was not provided by 13 October 2021.

[10] On 13 October 2021 at 10.29 am and 4.37 pm, the Commission called M.B. and left messages on voicemail for M.B. to contact the Commission regarding her application.

[11] No response has been received from M.B., the required information and payment 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.

[12] 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.”

[13] As the application was not accompanied by the prescribed fee, the application was not made in accordance with the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the application on this basis.

[14] The application is dismissed.

COMMISSIONER

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