Application for an order to stop bullying S.H.
Commissioner Mckinnon
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1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying S.H. (AB2023/33) COMMISSIONER MCKINNON SYDNEY, 28 APRIL 2023 Application for an order to stop bullying [1] On 16 March 2023, S.H. applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The form was not accompanied by payment of the required filing fee. [2] On 21 March 2023, the Commission contacted S.H. about completing the application and paying the required filing fee or applying for a waiver of the filing fee. Unsuccessful attempts were made to engage with S.H. about completing the application on 28 March 2023 and 11 and 13 April 2023. The application remains incomplete and cannot be progressed. [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] 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. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR761451> [2023] FWC 1001 DECISION