MK

[2021] FWC 6355

[2021] FWC 6355

FAIR WORK COMMISSION

DECISION

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

MK
(AB2021/582)

COMMISSIONER MCKINNON MELBOURNE, 16 NOVEMBER 2021

Application for an FWC order to stop bullying

[1] On 18 October 2021, MK applied for an order to stop bullying under s.789FC of the Fair Work Act 2009. The application was incomplete and did not contain sufficient relevant information to enable the Commission to progress the matter.

[2] On 20 and 21 October 2021, the Commission attempted to contact MK and a message was left on MK’s voicemail to contact the Commission. In the afternoon of 21 October 2021, MK was advised by telephone and letter that the application was incomplete and further information was required within 7 days if they wished to proceed.

[3] On 28 October 2021, the Commission telephoned MK and left a voicemail message asking MK to return the call. The Commission also wrote to MK to advise that the application may be dismissed if the required information was not provided within 14 days.

[4] On 12 November 2021, the Commission made a further telephone call to MK and requested MK call the Commission.

[5] No response has been received from MK, the required information has not been provided and no further action has been taken by MK or on MK’s behalf to progress the application. As a result, the application remains incomplete and 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] The application has not been made in accordance with the Act. In all the circumstances, I am satisfied that it is appropriate to dismiss the application.

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

COMMISSIONER

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