S.C.

[2018] FWC 6906

[2018] FWC 6906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

S.C.

(AB2018/604)

Commissioner Hampton ADELAIDE, 16 NOVEMBER 2018

Application for an FWC order to stop bullying.

1. On 2 October 2018, S.C. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

1. The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter in that there was little detail of the respondent parties including that there were no Persons Named as having engaged in the alleged conduct or contact details for them. Further the application indicated that S.C. had been terminated from her employment prior to lodging the application.

1. In the days immediately following lodgement, correspondence was exchanged between the Commission and the applicant concerning the potential jurisdictional issue arising from her employment status.[1] S.C. indicated that she was considering her position and would advise the Commission after taking legal advice regarding her intentions including whether she would proceed with an amended stop-bullying application and/or file an unfair dismissal or general protections application.

1. Given the obligation[2] on the Commission to deal with applications of this nature promptly, on 16 October 2018, S.C. was advised by letter that if she did not contact the Commission to advise of her intentions, or file an amended application, the matter may be closed.

1. On 23 October 2018, the Commission again wrote to S.C. in relation to the matter and advised that the application may be dismissed if an amended application was not filed or she failed to contact the Commission within 14 days. The Commission made a further attempt to contact S.C. in relation to the matter on 8 November 2018.

1. No further response or amended application has been received from S.C. and no further action has been taken by her or on her behalf. [3]

1. 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.”

1. 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.

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

COMMISSIONER

<PR702192>

[1] Section 789FF of the Act.

[2] Section 789FE of the Fair Work Act 2009.

[3] The purported Application has not been served on any party and no other action has been taken by the Commission in relation to the matter.

Printed by authority of the Commonwealth Government Printer