Application by N.E
Not yet cited by other cases
Applicant: N.E.
Ratio
The application for a stop bullying order was dismissed under s.587(1)(a) of the Fair Work Act 2009 because it was not made in accordance with the Act. Specifically, the application was not accompanied by the prescribed filing fee and was incomplete, and after multiple requests and extensions, the applicant failed to remedy these defects or respond to the Commission's attempts to contact them.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
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 · 8
- N.E. filed an application for an order to stop bullying on 22 January 2017
- The application form (Form F72) was incomplete
- The application was not accompanied by the required filing fee
- On 24 January 2017, N.E. was requested to complete the application and provide the required fee within 7 days
- On 31 January 2017, the Commission unsuccessfully attempted to contact N.E. by telephone
- On 31 January 2017, the Commission wrote to N.E. advising that the application may be dismissed if payment was not made within 14 days
- On 14 February 2017, the Commission made further attempts to contact N.E.
- No response was received from N.E., the fee was not paid, and no further action was taken by the applicant
Factors
For
Against
- Application form was incomplete
- Application was not accompanied by required filing fee
- Applicant failed to respond to requests to complete the application and provide the fee within the extended time frame
- Applicant did not respond to the Commission's telephone contact attempts
- Applicant did not respond to written notice warning of dismissal
- No fee payment was made within 14 days of the final notice
Legislation referenced
- Fair Work Act 2009 (Cth) s.789FC
- Fair Work Act 2009 (Cth) s.587(1)
- Fair Work Act 2009 (Cth) s.587(1)(a)
- Fair Work Regulations 2009
Concept tags · 2
Principles · 1
articulates para 11
An application for an order to stop bullying must be accompanied by the prescribed filing fee under s.789FC(3) and must be made in accordance with the Fair Work Act 2009.
Archived text (473 words)
Application by N.E [2017] FWC 917 (15 February 2017)
[2017] FWC 917
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.789FC
- Application for an order to stop bullying
N.E.
(AB2017/38)
COMMISSIONER HAMPTON
ADELAIDE, 15 FEBRUARY 2017
Application for an FWC order to stop bullying.
[1]
On 22 January 2017, N.E. made an application for an order to stop bullying under
s.789FC
of the
Fair Work Act 2009
.
[2]
The application form (Form F72) filed by N.E. in the Fair Work Commission (the Commission) was incomplete in a number of important
respects. Further the application was not accompanied by the required filing fee.
[3]
On 24 January 2017, N.E. was requested by letter to complete the application and to provide the completed Form F72, along with the
required filing fee to the Commission within seven (7) days.
[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 31 January, the Commission unsuccessfully tried to contact N.E. by telephone to discuss his intentions.
[7]
On 31 January, the Commission then wrote to N.E. in relation to the matter. N.E. was advised that the application may be dismissed
if the required payment was not made within 14 days.
[8]
On 14 February 2017, the Commission made further attempts to contact N.E. in relation to the matter.
[9]
No further response has been received from N.E. The payment of the required fee has not been made 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 relevant application was not accompanied by the prescribed fee under
the Act 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.
[12]
Accordingly, the application is dismissed under s.587(1)(a) of the Act.
COMMISSIONER
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