S.M.

[2014] FWC 7834

[2014] FWC 7834

FAIR WORK COMMISSION

DECISION

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

S.M.
(AB2014/1411)

COMMISSIONER HAMPTON ADELAIDE, 5 NOVEMBER 2014

Application for an FWC order to stop bullying.

[1] On 5 September 2014, S.M. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was listed for preliminary proceedings by telephone on 13 October 2014. Neither S.M., nor anyone acting on her behalf, participated in the conference or otherwise contacted the Commission. No reason has been given for the non participation.

[3] The Commission has made several subsequent attempts to contact S.M. using the contact details provided in the application, but without success. As a result, Directions were issued on 21 October 2014 and stated the following:

“... [S.M.] is to advise the Fair Work Commission (FWC) of her intention to proceed with this application by no later than Friday 31 October 2014.

...

In the event [S.M] does not contact the FWC and confirm her intention to proceed, the Commission may dismiss this application without further notice or hearing.”

[4] S.M. has not subsequently contacted the Commission as directed.

[5] 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.”

[6] In considering all the circumstances, I am satisfied that the application has no reasonable prospects of success. S.M. has not advanced her application or participated in proceedings that would permit the substance of the application to be determined. In that light, I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

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

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