S.J.

[2019] FWC 4928

[2019] FWC 4928

FAIR WORK COMMISSION

DECISION

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

S.J.
(AB2019/340)

COMMISSIONER HAMPTON ADELAIDE, 16 JULY 2019

Application for an FWC order to stop bullying.

[1] On 24 June 2019, S.J. 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. Further, the application was not accompanied by the required filing fee or a completed waiver application.

[3] On 25 June 2019, S.J. was advised by telephone and letter that her application was incomplete and required further information and payment (or a fee waiver application), if she wished to proceed. S.J. advised that she was currently on leave and would seek legal advice as she may not return to the workplace.

[4] On 2 July 2019, the Commission again telephoned and wrote to S.J. in relation to the matter. S.J. was advised that the application could not be advanced and may be dismissed if the required information and payment was not provided within 14 days. On 16 July 2019, the Commission made further attempts to contact S.J. in relation to the matter.

[5] No response has been received from S.J., the required information and payment has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete and non-compliant application has not been served 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 form was not accompanied by the prescribed fee and the application has not been made in accordance with the Act. Given the absence of the fee payment, it is likely that there is no valid application before the Commission 1 and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

[8] Further, given the absence of the details required to progress the purported application and the fact that it has, in effect, been abandoned by the applicant, there is, in any event, also no reasonable prospects of its success.

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

COMMISSIONER

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 1   Atanaskovic Hartnell Corporate Services Pty Limited t/a Atanaskovic Hartnell v Elizabeth Maree Kelly[2017] FWCFB 763 at [29].