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L.T. [2021] FWC  2032  (14 April 2021)

Last Updated: 14 April 2021

[2021] FWC 2032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

(AB2021/138)

Application for an FWC order to stop bullying.

[1] On 12 March 2021, L.T. 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] The application was incomplete in that it was unsigned, did not provide an email address for the Employer/Principal and did not provide any contact details for the Persons Named.

[3] On 12 March 2021, the Commission attempted to contact L.T. by telephone but was unable to speak with him. A voice message was left requesting L.T. contact the Commission.

[4] On 15 March 2021, the Commission wrote to L.T. and advised him the application was incomplete. The Commission requested L.T. telephone the Commission.

[5] On 16 March 2021, the Commission spoke with L.T. by telephone. L.T. advised he would call the Commission back in 30 mins, but he did not. On 17 March 2021, 18 March 2021 and 19 March 2021 the Commission attempted to contact L.T. by telephone but was unable to speak with him. A voice message was left on each occasion requesting L.T. contact the Commission. On 19 March 2021 a text message was sent to L.T. requesting he contact the Commission.

[6] On 19 March 2021, L.T. contacted the Commission by telephone. The Commission advised L.T. of the standard process in dealing with anti-bullying applications and that his application was incomplete. A letter was then sent to L.T. requesting that he contact the Commission by 26 March 2021 to give the information requested or tell the Commission why he has not responded to the request for more information. The letter stated that if he did not do this, his case was very likely to be dismissed without further notice, and his case would be closed.

[7] On 26 March 2021, L.T.’s application was still incomplete. The Commission attempted to speak with L.T. by telephone but was unable to speak with him. A voice message was left requesting L.T. contact the Commission. The Commission sent a letter to L.T. requesting that he contact the Commission by 9 April 2021 to give the information requested or tell the Commission why he has not responded to the request for more information. The letter stated that if he did not do this, his case was very likely to be dismissed without further notice, and his case would be closed.

[8] On 9 April 2021, L.T’s application was still incomplete because it was unsigned, did not provide an email address for the Employer/Principal and did not provide any contact details for the Persons Named. The Commission attempted to speak with L.T. by telephone but this was unsuccessful. The Commission left a voice message requesting an urgent call back and advised that if L.T. did not contact the Commission, his application was very likely to be dismissed without further notice and his case would be closed. A text message was sent to L.T. requesting urgent contact.

[9] No response has been received from L.T. The required information has not been provided and no further action has been taken by him or on his behalf.

[10] 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.”

[11] 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 L.T. to repeated contact from the Commission, I can only infer that L.T. 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.

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

DEPUTY PRESIDENT

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