Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 587

  (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.

Note:   For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division   5 of Part   3 - 2, see section   399A.

  (2)   Despite paragraphs   (1)(b) and (c), the FWC must not dismiss an application under section   365 or 773, or an application under section   527F that does not consist solely of an application for a stop sexual harassment order, on the ground that the application:

  (a)   is frivolous or vexatious; or

  (b)   has no reasonable prospects of success.

  (3)   The FWC may dismiss an application:

  (a)   on its own initiative; or

  (b)   on application.