1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying and sexual harassment S.S. (SO2023/11) COMMISSIONER MCKINNON SYDNEY, 7 FEBRUARY 2023 Application for an order to stop bullying and sexual harassment at work [1] On 10 January 2023, S.S. applied for an order to stop bullying and sexual harassment at work under s.789FC of the Fair Work Act 2009. The application form (Form F72) was incomplete. It was not accompanied by the required filing fee and no application to waive the filing fee was made. [2] The Commission made contact with S.S. on 12 January 2023 requesting that steps be taken to complete the application by 19 January 2023. On 19 January 2023, S.S. requested further time to consider whether to proceed with the application. Additional time was granted until 2 February 2023. There has since been no further contact from S.S. and the application remains incomplete. [3] 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.” [4] Despite the opportunities provided, S.S. has not taken reasonable steps to progress the application since it was filed with the Commission on 10 January 2023. As a result, the application remains incomplete. In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act. [5] The application is dismissed under s.587(1)(a) of the Act. [2023] FWC 317 DECISION [2023] FWC 317 2 COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR750268>