S.B.

[2020] FWC 1224

[2020] FWC 1224

FAIR WORK COMMISSION

DECISION

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

S.B.
(AB2020/94)

DEPUTY PRESIDENT CLANCY MELBOURNE, 11 MARCH 2020

Application for an FWC order to stop bullying.

[1] On 10 February 2020, S.B. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] On the same day, the Commission discussed with S.B. over the telephone the process, timeframes and jurisdiction of the anti-bullying jurisdiction. According to the Commission’s records, S.B. advised that she did not wish her Form F72 application to be served on the employer and person named in its current form and that on that basis, she would either discontinue or amend her Form F72 application within seven days.

[3] Following the telephone conversation, the Commission emailed correspondence to S.B. confirming the advice that she was to provide an amended Form F72 application or discontinue her application within seven days. The correspondence further warned that in the absence of any advice from S.B. within seven days, her application may be closed.

[4] On 17 February 2020, the Commission attempted to telephone S.B. and left a voicemail message, noting that seven days had elapsed. Following this, further correspondence was emailed to S.B., advising that unless the required information was provided within 14 days, the Commission may exercise its power under s.587(1)(a) of the Act to dismiss the application.

[5] On 2 March 2020, the Commission made a final attempt to telephone S.B. and left a voicemail message requesting her urgent advice as to whether or not she wished to proceed with her application, and further noting that her application may be dismissed in the absence of her urgent advice.

[6] To date, no response has been received from S.B., the required advice has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the application has not been served upon any apparent respondent parties.

[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] I am satisfied that it is appropriate to dismiss the purported application having regard to the circumstances of this matter. Since advising that she did not wish her Form F72 application to be served on the employer and person named in its current form and that she was either going to discontinue or amend her Form F72 application, S.B. has done neither and nor has she responded to four attempts made by the Commission to contact her.

[9] Accordingly, exercising the general discretion held by the Commission, I dismiss the application.

DEPUTY PRESIDENT

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