P.K.

[2017] FWC 1950

[2017] FWC 1950

FAIR WORK COMMISSION

DECISION

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

P.K.
(AB2017/112)

COMMISSIONER HAMPTON ADELAIDE, 6 APRIL 2017

Application for an FWC order to stop bullying.

[1] On 3 March 2017, P.K. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that it remained unsigned. When initially contacted by the Fair Work Commission (FWC), on 6 March, P.K. confirmed that she intended to proceed with the application and would shortly file a completed application.

[3] On 7 March, the Commission contacted P.K. by telephone and email to advise payment of the required filing fee had been declined.

[4] On 8 March, P.K. was advised by letter that her application required a signature and also the payment of the required filing fee, or a completed waiver form, if she wished to proceed with the application.

[5] 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.”

[6] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[7] Further, on 8 March, P.K. filed a completed and amended Form F72 and advised that payment of the filing fee would be made on Friday 10 March. Further, unsuccessful attempts were made to process the payment on that day.

[8] On 15 March, attempts were made to contact P.K. by telephone to confirm her intentions and again seek payment of the required filing fee. These attempts were unsuccessful. The Commission also wrote to P.K. and advised that the application may be dismissed if the required payment was not made within 14 days.

[9] On Friday 17 March, P.K. left a voice mail message with the FWC Case Management Team, after close of business during which the applicant indicated that she was intending to make payment. The Commission unsuccessfully attempted to contact P.K. by telephone, to process the payment on Monday 20 March.

[10] On 28 March, the Commission made a further attempt to contact K.M. by telephone and in writing in relation to the matter.

[11] On 4 April, payment of the filing fee was again attempted and declined. P.K. undertook to transfer the payment and contact the Commission later that day once it had been attended to. Further P.K. was advised that should payment not be made by close of business on that day, the matter would be referred to the Panel Head for consideration to dismiss the matter.

[12] No further response has been received from P.K. The payment of the required fee has not been made, there has been no application for a waiver of the fee, and no further action has been taken by her or on her behalf.

[13] 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.”

[14] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

[15] Accordingly, the application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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