M.W.

[2020] FWC 5423

[2020] FWC 5423

FAIR WORK COMMISSION

DECISION

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

M.W.
(AB2020/619)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 OCTOBER 2020

Application for an FWC order to stop bullying.

[1] On 14 September 2020, M.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] The application was accompanied by an application seeking a waiver for payment of the required filing fee. M.W. was advised on 16 September 2020 that the required fee had been waived.

[3] On 17 September 2020, the Commission conducted a preliminary discussion with M.W. via telephone to discuss her application. It became apparent during the conversation that M.W. wished to amend her application prior to proceeding further and the Commission confirmed that nothing filed by her to this point would be served on any apparent respondent parties. M.W. was further advised to file an amended application in response to correspondence the Commission would issue following the conversation.

[4] Shortly after this, the Commission emailed correspondence to M.W. confirming that she was to update her application by 24 September 2020 and that if she did not, her application may be dismissed.

[5] As no response was received from M.W. by 24 September 2020, the Commission attempted to telephone her. A voicemail message was left requesting a return call or an email to confirm whether or not she wished to proceed with her application. Following this, a final reminder was emailed to M.W. advising that she was required to contact the Commission by 8 October 2020 to provide her amended application or to advise why she has not done so and that failure to do either would very likely result in the application being dismissed without further notice.

[6] On 25 September 2020, M.W. emailed the Commission advising that she was hoping to have an amended copy “first thing Monday morning.”

[7] No such response was received on Monday, 28 September 2020.

[8] On 8 October 2020, the Commission attempted a final telephone call to M.W. but this was unsuccessful. Again, a voicemail message was left requesting her return call.

[9] To date, the required documents have not been provided and no further action has been taken by M.W. or on her behalf. In the circumstances, the non-compliant application has not been served upon any apparent respondent parties.

[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] It is not clear what the intentions of M.W. are because she has not responded to repeated contact from the Commission. I can only infer she no longer wishes to pursue an application. I am therefore satisfied that it is appropriate in the circumstances of this case that I exercise the general discretion available under s.587 to dismiss the application.

[12] Accordingly, the application is dismissed pursuant to s.587 of the Act. Of course should M.W. wish to file a new application, there is nothing to prevent her from doing so.

DEPUTY PRESIDENT

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