V.W.

[2020] FWC 3018

[2020] FWC 3018

FAIR WORK COMMISSION

DECISION

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

V.W.
(AB2020/312)

DEPUTY PRESIDENT CLANCY MELBOURNE, 9 JUNE 2020

Application for an FWC order to stop bullying.

[1] On 11 May 2020, V.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 insufficient contact details had been provided for the Employer/Person Named.

[3] On 13 May 2020, a telephone call was made to V.W. and a voicemail was left requesting a return telephone call.

[4] Following the telephone call, the Commission wrote to V.W. requesting that she make contact with the Commission.

[5] Subsequent to this, V.W. telephoned the Commission and left a voicemail requesting a return telephone call.

[6] Another attempt was made the same day to speak with V.W. however this was not successful and another voicemail was left requesting a return call.

[7] On 14 May 2020 V.W. telephoned the Commission and a detailed discussion was had on the process, steps and timeframes including the need for more detailed contact details for the Employer. V.W. stated that she would amend the application if she decided to proceed.

[8] Following the telephone call, the Commission wrote to V.W. confirming insufficient contact details had been provided for the Employer and requesting that the details of a suitable contact person, including telephone number and email, be provided. The Commission also noted that in the absence of any advice from V.W. within 7 days from the date of the letter, this application may be closed without further notice.

[9] On 21 May 2020, the Commission telephoned V.W. and left a voicemail advising that 7 days had elapsed and noting that the Commission would send a final reminder letter that day.

[10] On 21 May 2020, the final reminder letter was sent by the Commission advising V.W. that unless the required information was received by the Commission within 14 days the application would be referred to the National Practice Leader for anti-bullying matters and may be dismissed.

[11] On 4 June 2020, a voicemail was left for V.W. requesting she contact the Commission and noting that the matter may be dismissed.

[12] No response has been received from V.W, the required information has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete application has not been served upon any apparent respondent parties.

[13] 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.”

[14] 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.

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

DEPUTY PRESIDENT

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