M.S.

[2021] FWC 5973

[2021] FWC 5973

FAIR WORK COMMISSION

DECISION

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

M.S.
(AB2021/479)

COMMISSIONER MCKINNON MELBOURNE, 29 SEPTEMBER 2021

Application for an FWC order to stop bullying

[1] On 30 August 2021, M.S. made application for an order to stop bullying at work under s.789FC of the Fair Work Act 2009.

[2] 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.”

[3] Regulation 6.07A(7) of the Fair Work Regulations 2009 prescribes the filing fee for applications to stop bullying at work. The Commission can waive payment of the filing fee if satisfied that an applicant who is required to pay the fee will suffer serious hardship.

[4] The application form (Form F72) filed by M.S. was incomplete in a number of important respects and did not contain sufficient 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.

[5] On 31 August 2021, the Commission telephoned M.S. and left a voicemail asking her to contact the Commission. An email was also sent to M.S. advising that her application was incomplete and seeking further information and payment of the application fee (or a fee waiver application), if she wished to proceed.

[6] On 7 September 2021, the Commission again telephoned M.S. and left a message on her voicemail. The Commission wrote to M.S. and reiterated the information requested by email on 31 August 2021. It stated the Commission required payment or confirmation that M.S. was seeking a waiver of the filing fee.

[7] On 9 September 2021, the Commission spoke to M.S., who advised that she would update her amended Form F72 and pay the filing fee. An email was sent to her following the conversation to confirm the required actions. Despite the assurances from M.S., the form was not updated and the filing fee not paid.

[8] On 21 September 2021, the Commission sent a text message to M.S. asking her to call and advising that her application was at risk of being dismissed.

[9] M.S. has not contacted the Commission since 9 September 2021. She has not provided the required information and she has not paid the filing fee. For these reasons, her application remains incomplete and is not made in accordance with the Act.

[10] 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.”

[11] In the circumstances, I am satisfied that it is appropriate to dismiss the application.

[12] The application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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