Victoria Hannant v Metro Trains Melbourne
[2023] FWC 3351
•13 DECEMBER 2023
| [2023] FWC 3351 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.65B - Application for a dispute about requests for flexible work arrangements
Victoria Hannant
v
Metro Trains Melbourne
(C2023/7442)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 13 DECEMBER 2023 |
Application to deal with a dispute about a request for flexible working arrangements.
On 1 December 2023, Ms Victoria Hannant (the Applicant) lodged an application for the Commission to deal with a dispute under s 65B of the Fair Work Act 2009 (the Act) concerning a request for a flexible work arrangement with her employer, Metro Trains Melbourne (the Respondent).
The Commission telephoned the Applicant in response that morning and explained that the Form 10C she had filed was incomplete. The Applicant was advised that there was no date and she needed to answer Questions 6, 7, 9, 10 and 11. The Applicant was advised that an email with the form would be sent.
The Commission sent a letter to the Applicant on 1 December 2023 asking that she send the missing information by 5 December 2023. A copy of the application was attached to the letter, and the questions requiring completion were listed. It was also noted that the application form was not signed and dated properly.
On 6 December 2023, the Commission sent another letter to the Applicant noting that the Commission had not heard from her about her application. The letter stated that the Applicant had until 9 December 2023 to send the information that had been requested. The letter highlighted that the case was very likely to be dismissed if the updated information was not received by 9 December 2023.
To date the Applicant has not provided a completed application form nor made any further contact with the Commission since 1 December 2023.
Section 587(1) of the FW Act provides as follows:
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 prospect of success.
(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:
(a) is frivolous or vexatious; or
(b) has no reasonable prospects of success.
(3) FWC may dismiss an application:
a. on its own initiative; or
b. on application.
Consideration and conclusion
In considering all the circumstances, I am satisfied that as the Form F10C in question was incomplete, the application has not been made in accordance with the Act. Given the absence of a completed form, it is likely that there is no valid application before the Commission and no further action is required. A non-compliant application is directly contemplated by s.587(1)(a) of the Act.
Despite the attempts by the Commission to remind the Applicant of the information required, the Applicant has not responded. In these circumstances, I am satisfied that it is appropriate in all the circumstances to dismiss the purported application. The application is dismissed. An Order[1] to this effect will be issued with this decision.
DEPUTY PRESIDENT
[1] PR769417.
Printed by authority of the Commonwealth Government Printer
<PR769416>
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