M.D.

[2016] FWC 4848

[2016] FWC 4848

FAIR WORK COMMISSION

DECISION

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

M.D.
(AB2016/458)

(AB2016/459)

COMMISSIONER HAMPTON ADELAIDE, 20 JULY 2016

Applications for an FWC order to stop bullying Application for an FWC order to stop bullying.

[1] On 15 June 2016, M.D. made two applications for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The applications were not accompanied by the required filing fee.

[3] On 16 June 2016, M.D. was advised by letter that payment of the filing fees, or completed waiver form, was required if she wished to proceed with the applications.

[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 24 June 2016, the Commission wrote again to M.D. in relation to the matter. M.D. was advised that the applications may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] On 8 and 12 July 2016, the Commission made a further attempt to contact M.D. in relation to the matters.

[8] No further response has been received from M.D. The payment of the required fee has not been made and no further action has been taken by her or on her 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 applications were not accompanied by the prescribed fee and have not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the applications.

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

COMMISSIONER

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