Y.J.

[2021] FWC 1965

[2021] FWC 1965

FAIR WORK COMMISSION

DECISION

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

Y.J.
(AB2021/139)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 APRIL 2021

Application for an FWC order to stop bullying.

[1] On 12 March 2021, Y.J. 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] On 15 March 2021, the Commission attempted to speak with Y.J.’s representative and Y.J. by telephone but those attempts were unsuccessful. The Commission left voice messages for both Y.J.’s representative and Y.J. requesting a return call. On 15 March 2021 the Commission also wrote to Y.J.’s representative and Y.J. advising the application was incomplete and requested they call the Commission.

[3] On 15 March 2021, Y.J. contacted the Commission by telephone. The Commission advised Y.J. of the standard process in dealing with anti-bullying applications, in particular the definition of bullying in the Act and that the Commission considers whether safe and reasonable options to resolve alleged issues have been utilised prior to lodging an application at the Commission. Y.J. advised the Commission that her representative no longer acted for her and she intended to amend the Form F72 – Application for an order to stop (Form F72) bullying and would provide the amended Form F72 to the Commission.

[4] On 16 March 2021, Y.J. was advised by letter from the Commission that her request for a waiver of the application fee was refused and accordingly, payment of the $74.50 application fee was required for her application to proceed.

[5] On 22 March 2021, Y.J.’s application was incomplete because she had not provided the amended Form F72 and the application fee was unpaid. The Commission sent a letter to Y.J. requesting that she contact the Commission by 6 April 2021 to give the information requested and make payment or tell the Commission why she has not responded to the request for more information. The letter stated that if she did not do this, her case was very likely to be dismissed without further notice, and his case would be closed.

[6] On 31 March 2021, the Commission attempted to speak with Y.J. by telephone but this was unsuccessful. The Commission left a voice message requesting a call back. A text message was sent to Y.J. advising her that further details are required for the Commission to progress her application.

[7] On 6 April 2021, the Commission attempted to speak with Y.J. by telephone but this was unsuccessful. The Commission left a voice message requesting an urgent call back and advised that if Y.J. did not contact the Commission, her application was very likely to be dismissed without further notice and her case would be closed.

[8] No response has been received from Y.J. The required information has not been provided 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] In considering all the circumstances, I am satisfied that the application has not been made in accordance with the Act. Given the lack of response from Y.J. to repeated contact from the Commission, I can only infer that Y.J. no longer wishes to pursue an application. 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.

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

DEPUTY PRESIDENT

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