Application for an order to stop bullying T.H.
Commissioner Mckinnon
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1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying T.H. (AB2024/65) COMMISSIONER MCKINNON SYDNEY, 2 MAY 2024 Application for an order to stop bullying at work [1] On 1 February 2024, T.H. applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was incomplete and was not accompanied by payment of the filing fee. No waiver was granted in relation to payment of the filing fee. Reasonable steps were taken to engage with T.H. about completing the application between 5 and 29 February 2024. The application remains incomplete and cannot be progressed. [2] 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.” [3] In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act. [4] The application is dismissed under section 587(1)(a) of the Act. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR774460> [2024] FWC 1147 DECISION