T.T.

[2021] FWC 3539

[2021] FWC 3539

FAIR WORK COMMISSION

DECISION

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

T.T.
(AB2021/276)

DEPUTY PRESIDENT CLANCY MELBOURNE, 18 JUNE 2021

Application for an FWC order to stop bullying.

[1] On 21 May 2021, T.T. 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] The application had some missing or incorrect information and was accompanied by a fee waiver application that was not dated or signed properly. The application had included contact details for the Person Named and the Employer/Principal that were identical to the contact details of the applicant.

[3] On 21 May 2021, the Commission attempted to telephone T.T. and left a voice message requesting that T.T. call the Commission. An email was then sent to T.T. requesting that she telephone the Commission so that a preliminary discussion could be held to ensure that the anti-bullying jurisdiction’s scope and process are clearly explained and clarified.

[4] On 24 May 2021, the Commission telephoned T.T. and explained the anti-bullying process, timeframes and jurisdiction. T.T. stated that she didn’t know whether or not she had been dismissed. She also noted that her income was per fortnight, not per week as declared on the Application. T.T. said that she may wish to amend her application before proceeding. The Commission advised T.T. about the free legal advice available through the Workplace Advice Service.

[5] Following this telephone conversation, the Commission sent T.T. an email on 24 May 2021 about eligibility for the Workplace Advice Service and how to request legal advice from the Service. Correspondence was also sent via email to T.T. on 24 May 2021 noting that when she spoke with the Commission on the phone, she had said that she wanted to change her responses to questions 2.1 and 7. The letter requested that she fix her application by 31 May 2021. The letter also requested that T.T. sign and date the fee waiver application form. T.T. was advised that in the absence of any advice from her by 31 May 2021, the application may be dismissed.

[6] On 31 May 2021, the Commission telephoned T.T. and left a voice message asking T.T. to check her email and to contact the Commission. Correspondence was then sent to T.T. via email noting that she had told the Commission she wanted to change something on her form, and that the Commission had asked her to pay the application fee or apply to have the application fee waived. Additionally, the letter requested that she provide direct contact details for the Person Named and the Employer/Principal. The letter noted that the Commission had not received anything from T.T. over the 7 days since the previous letter. The letter asked T.T. to contact the Commission by 15 June 2021. The letter noted that if T.T. did not do this her case would very likely be dismissed without further notice. had elapsed and that the application was still incomplete because she had not provided any further details or the completed fee waiver application.

[7] On 15 June 2021, the Commission attempted to telephone T.T. and left a voice message requesting an urgent return phone call. The Commission acknowledged that two applications had been lodged with the Commission and clarified that this was in relation to her anti-bullying matter which was at risk of being dismissed. Another attempt was made to telephone T.T. later the same day.

[8] To date, the amended application form nor the completed fee waiver application has been received from T.T. and no further action has been taken by her or on her behalf.

[9] 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.”

[10] It is difficult to know whether T.T. is intent on pursuing this purported application. I am, however, satisfied that it has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application. If T.T. has a change of heart and wishes to pursue a new application, she is not precluded from doing so.

[11] As for this purported application, it is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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