R.S.

[2018] FWC 2651

[2018] FWC 2651

FAIR WORK COMMISSION

DECISION

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

R.S.
(AB2018/211)

COMMISSIONER HAMPTON ADELAIDE, 14 MAY 2018

Application for an FWC order to stop bullying.

[1] On 13 April 2018, R.S. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was filed with the required payment. However, the file containing the application was in a digitally “corrupt” format and unable to be read by Fair Work Commission (FWC) staff. In a telephone call to R.S. on 13 April 2018, he was invited to re-file the application in a readable, uncorrupted format.

[3] On 16 April 2018, R.S. was again advised via the FWC Help Line that he needed to re-file his application if he wished to proceed. This was confirmed in correspondence sent on 17 April 2018.

[4] On 18 April 2018, the application was re-filed. Upon reviewing the application, certain issues arose about the identities of the named respondents (persons named and organisation) In a telephone conversation with Commission staff, R.S. indicated he would amend his application to clarify the issue and also advised that he had a meeting with his employer, which may impact upon his application.

[5] On 19 April 2018 the Commission wrote to R.S. in relation to the matter confirming the expectation that a revised application would be provided. In light of the obligation upon the Commission to expeditiously commence to deal with applications of this nature, 1 R.S. was also advised that the application may be dismissed if a completed, amended form was not filed within 7 days.

[6] On 26 April 2018 the Commission again wrote to R.S. in relation to the matter and attempted to make telephone contact on 10 May 2018. No further response has been received from R.S and no further action has been taken by him or on his behalf.

[7] 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.”

[8] In considering all the circumstances, I am satisfied that application has not been made in accordance with the Act. Although the Commission has some capacity to waive procedural requirements of this kind, 2 in this case, R.S. has effectively abandoned the application. An abandoned application has no reasonable prospects of success.

[9] In all of these circumstances, I consider that it appropriate to exercise my discretion to dismiss the application.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR607005>

 1   Section 789FW of the Act.

 2   Section 586 of the Act.