Application by D.G
Cited 1×
Applicant: D.G.
Ratio
The application for a stop bullying order under s.789FC of the Fair Work Act 2009 was dismissed because it was not made in accordance with the Act—specifically, it was not accompanied by the prescribed filing fee and the applicant failed to respond to two notices requiring payment or waiver of the fee within the specified timeframe.
Outcome
Against applicant
dismissed
Authority signal
Cited 1×
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 6
- D.G. made an application for a stop bullying order on 6 November 2014.
- The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.
- D.G. was advised by letter on 6 November 2014 that a Form F72 and payment of filing fee or completed waiver form were required.
- On 13 November 2014, the Commission wrote again advising the application may be dismissed without further notice or hearing if required payment was not made within 14 days.
- On 13 November 2014, D.G. contacted the Commission by phone indicating she may not continue with the matter as she was in the process of leaving the workplace and may seek an unfair dismissal application instead.
- No further response was received from D.G.; the required fee was not paid and no further action was taken.
Factors
For
Against
- Application not accompanied by the prescribed filing fee
- Applicant failed to complete the prescribed form (Form F72)
- Applicant did not respond to two notices requiring payment or submission of fee waiver within the specified timeframe
Legislation referenced
- Fair Work Act 2009 (Cth) s.789FC
- Fair Work Act 2009 (Cth) s.587(1)(a)
- Fair Work Regulations 2009
Concept tags · 2
Archived text (476 words)
Application by D.G [2015] FWC 2 (12 January 2015)
[2015] FWC 2
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.789FC
- Application for an order to stop bullying
D.G.
(AB2014/178)
COMMISSIONER HAMPTON
ADELAIDE, 12 JANUARY 2015
Application for an FWC order to stop bullying.
[1]
On 6 November 2014, D.G. made an application for an order to stop bullying under
s.789FC
of the
Fair Work Act 2009
.
[2]
The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.
[3]
On 6 November 2014, D.G. was advised by letter that a Form F72 was required to be completed and payment of the filing fee, or a completed
waiver form, was required if they wished to proceed with their application.
[4]
Sections 789FC(3)
and (4) of the Act deal with application fees and state as follows:
“
789FC Application for an FWC order to stop bullying
...
(3) The application must be accompanied by any fee prescribed by the regulations.
(4) The regulations may prescribe:
(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.”
[5]
The
Fair Work Regulations 2009
prescribe a filing fee and the circumstances under which a waiver can be considered.
[6]
On 13 November 2014, the Commission wrote again to D.G. in relation to the matter. D.G. was advised that the application may be dismissed
without further notice or hearing if the required payment was not made within 14 days.
[7]
On 13 November 2014, the Commission was contacted by D.G. via phone in relation to the matter. D.G. indicated that he may not continue
with the matter as she was in the process of leaving the workplace and may seek an unfair dismissal application.
[8]
No further response has been received from D.G. The payment of the required fee has not been made and no further action has been taken
by him or on his 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 relevant application was not accompanied by the prescribed fee and has
not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.
[11]
Accordingly, the application is dismissed under s.587(1)(a) of the Act.
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