P.S.

[2019] FWC 7077

[2019] FWC 7077

FAIR WORK COMMISSION

DECISION

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

P.S.
(AB2019/515)

COMMISSIONER HAMPTON ADELAIDE, 15 OCTOBER 2019

Application for an FWC order to stop bullying.

[1] On 18 September 2019, A.N. made 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 a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 18 September 2019, P.S. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed. P.S. indicated that he was considering his options and would seek advice regarding a potential jurisdictional issue.

[4] On 25 September 2019, the Commission attempted to telephone, and wrote to P.S. in relation to the matter. P.S. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 9 October 2019, the Commission made further attempts to contact P.S. in relation to the matter.

[5] No response has been received from P.S., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application 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] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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