U.Y.

[2021] FWC 6110

[2021] FWC 6110

FAIR WORK COMMISSION

DECISION

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

U.Y.
(AB2021/524)

COMMISSIONER MCKINNON MELBOURNE, 13 OCTOBER 2021

Application for an FWC order to stop bullying

[1] On 15 September 2021, U.Y. applied for an order to stop bullying under s.789FC of the Fair Work Act 2009 but did not pay the required filing fee or apply for the fee to be waived.

[2] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying

...

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.”

[3] Regulation 6.07A(7) of the Fair Work Regulations 2009 prescribes the filing fee for stop bullying applications. The Commission can waive payment of the filing fee if satisfied that an applicant who is required to pay the fee will suffer serious hardship.

[4] On 20, 21 and 28 September 2021 and 12 October 2021, attempts were made to contact U.Y. by telephone about the application.

[5] On 20 and 21 September 2021, emails were sent to U.Y. asking for a response.

[6] On 28 September, the Commission again wrote to U.Y. to advise that the application may be dismissed in the absence of payment of the filing fee or an application to waive the fee. U.Y. was asked to contact the Commission by 12 October 2021.

[7] No response has been received from U.Y. Payment of the filing fee has not been made and no other action has been taken by U.Y., or on their behalf, to indicate to the Commission that U.Y. intends to pursue the application.

[8] Under section 587(1) of the Act, an application can be dismissed including in circumstances where the application is not made in accordance with the Act, or is frivolous or vexatious, or has no reasonable prospects of success.

[9] As the application made by U.Y. was not accompanied by the prescribed fee, it was not made in accordance with the Act. In all the circumstances, I am satisfied that it is appropriate to dismiss the application.

[10] The application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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