T.W.

[2020] FWC 3215

[2020] FWC 3215

FAIR WORK COMMISSION

DECISION

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

T.W.
(AB2020/346)

DEPUTY PRESIDENT CLANCY MELBOURNE, 18 JUNE 2020

Application for a FWC order to stop bullying.

[1] On 24 May 2020, T.W. 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 that it did not contain contact details or a contact name for the Employer. Further, the application was not accompanied by the required filing fee or a completed waiver application.

[3] On 25 May 2020 the Commission telephoned T.W. and left a voice message requesting he contact the Commission.

[4] The Commission then sent an email to T.W. on the same day, requesting that he make contact with the Commission.

[5] On 26 May 2020, T.W. telephoned the Commission. The jurisdiction, timeframes and requirements were discussed. T.W. was advised that his application was currently incomplete as a name and telephone number was required for a contact person of the Employer. T.W. noted that the internal work health and safety officer was aware of the issues. T.W. was advised that if he felt the matters resolved internally at any stage he had the option of discontinuing the matter. T.W. was further advised that the application fee was unpaid and the waiver form was blank. T.W. was advised that he had 7 days to return the completed waiver application and a completed Form F72. T.W. confirmed that he would proceed provided the Waiver was granted.

[6] Later that day, the Commission sent a letter to T.W. confirming that his application was incomplete, as insufficient contact details had been provided for the Employer. T.W. was requested to provide the details of a suitable contact person, including telephone number and email or postal address. It was also confirmed that the Application was filed with a blank Waiver of Fee application form F80. The letter further noted that in the absence of any advice from T.W. within 7 days the matter may be closed without further notice.

[7] On 2 June 2020, the Commission telephoned T.W. and left a voice message requesting a return phone call.

[8] Later that same day, the Commission sent a letter to T.W. requesting that he forward the necessary documentation as soon as possible. The letter noted that unless the information was received by the Commission within 14 days, the Commission may decide to exercise its power under subsection 587(1)(a) of the Fair Work Act 2009 and dismiss the application without further notice.

[9] On 16 June 2020, the Commission made a further telephone call to T.W. and left a voice message noting the correspondence advising T.W. that the application remains incomplete and advising that the matter will be referred to the National Practice Leader to consider whether the application is to be dismissed.

[10] No response has been received from T.W., the required information and payment (or a few waiver application) have not been provided, and no further action has been taken by him or on his behalf. In the circumstances, the incomplete application has not been served upon any apparent respondent parties.

[11] 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.”

[12] In considering all the circumstances, I am satisfied that the relevant application 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 the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

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