1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying M.L. (AB2023/390) COMMISSIONER MCKINNON SYDNEY, 4 OCTOBER 2023 Application for an order to stop bullying [1] On 27 August 2023, M.L. applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application does not name any individual or group of individuals alleged to have engaged in bullying at work. On 4 September 2023, the Commission granted a waiver of the filing fee in relation to M.L.’s application. On 5 September 2023, the Commission requested M.L. to complete the application within fourteen days. On 20 September 2023, the Commission tried without success to contact M.L. about completing his application. Since that time, there has been no further contact from M.L. The application remains incomplete and cannot be progressed in the absence of any named individual(s) for the purposes of s.789FD(1) of the Act. [2] Section 587(1) of the Act provides: “(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.” [3] In the circumstances, the appropriate course is to dismiss the application because the individual(s) against whom the application is made cannot be identified and accordingly, the Commission could not be satisfied that M.L. has been bullied at work. The application has no reasonable prospects of success. [4] The application is dismissed. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR766738> [2023] FWC 2534 DECISION