Z.M.

[2023] FWC 2182

[2023] FWC 2182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Z.M.

(AB2023/328)

COMMISSIONER MCKINNON SYDNEY, 4 SEPTEMBER 2023

Application for an order to stop bullying

1. On 30 July 2023, Z.M. applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). However, the application was not accompanied by payment of the required filing fee and no application to waive the fee was made.

1. On 31 July 2023, the Commission attempted to contact Z.M. about the application without success. On 1 August 2023, the Commission emailed Z.M. requesting that his application be completed within seven days. On 8 August 2023, the Commission sent a further email to Z.M. requesting that his application be completed by 22 August 2023. On 9 August 2023, Z.M. filed an amended application but did not pay the filing fee or apply to waive the fee. On 10 August and 22 August 2023, the Commission again tried without success to contact Z.M. about his application. The filing fee remains unpaid.

1. 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.”

1. In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act.

.

1. The application is dismissed.

COMMISSIONER

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