Mr Damon Ropata

[2018] FWC 5631

[2018] FWC 5631

FAIR WORK COMMISSION

DECISION

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

Mr Damon Ropata
(AB2018/408)

COMMISSIONER RIORDAN SYDNEY, 7 SEPTEMBER 2018

Application for an order to stop bullying. .

[1] Mr Damon Ropata (the Applicant) lodged a stop bullying application against two employees of Systemcraft Pty Ltd (the Respondent) on 2 July 2018.

[2] A Conference was convened on 30 July 2018 by the Fair Work Commission (FWC), as presently constituted. Ms Cunich from Wotton Kearney appeared for the Respondent.

[3] At the conclusion of the Conference, the Commission provided the Applicant with three weeks to seek advice and consider his position.

[4] The Commission has unsuccessfully attempted to contact the Applicant in order to ascertain the Applicant’s intentions in relation to his application. The Applicant has not made an attempt to contact the Commission.

[5] Ms Cunich has advised the Commission that the Applicant resigned from the Respondent on 14 August 2018.

[6] The Commission cannot issue a “stop bullying order” in accordance with section 789FF of the Fair Work Act, 2009 (the Act) unless the Applicant is still employed.

[7] Section 587 of the Act states:

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.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) The FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

[8] On the basis that the Applicant is no longer an employee of Systemcraft Pty Ltd, pursuant to section 587(1)(c) of the Act, I have decided that the Applicant’s application has no reasonable prospect of success.

[9] The stop bullying application is dismissed.

[10] I so Order.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR700171>