The Fair Work Commission can dismiss an application under s.587(1) on its own motion or upon application.
The Commission can dismiss an application on the following grounds:
An application will be considered frivolous or vexatious where the application:
Generally, for an application to have no reasonable prospect of success, it must be manifestly untenable and groundless.
The party raising the objection does not need to prove that the other party’s case is hopeless or unarguable.
The Commission must use a critical eye to identify whether the evidence of the party responding to the objection has sufficient quality or weight to succeed.
The party responding to the objection does not need to present their entire case, but must present a sufficient outline to enable the Commission to reach a preliminary view on the merits of their case.
The real question is not whether there is any issue that could arguably be heard, but whether there is any issue that should be permitted to be heard.
An application can be dismissed on the basis that it has no reasonable prospects of success after the Commission has heard the applicant’s case but before the respondent has started to present its case. However, if a respondent applies at that point for the applicant’s case to be dismissed, it may be required to elect not to call any evidence.
The Commission may dismiss an application for an order to stop bullying if the Commission considers that the application might involve matters that relate to:
A covert operation is a ‘function’ or ‘service’ of the AFP where knowledge of the operation by an unauthorised person may:
A covert operation might, for example, include an undercover operation to identify those involved in drug trafficking, but would not include general duties policing.
An international operation is an ‘operation to maintain order in a foreign country’ where:
 Fair Work Act s.587(3).
 Fair Work Act s.587(1).
 Micheletto v Korowa Anglican Girls' School PR940392 (AIRCFB, Giudice J, Hamilton DP, Deegan C, 11 November 2003) at para. 17, [(2003) 128 IR 269]; citing General Steel Industries Inc v Commissioner for Railways (NSW)  HCA 69 (9 November 1964) at paras 8–10, [(1964) 112 CLR 125 at pp. 128‒130].
 Applicant v Respondent  FWA 1765 (McCarthy SDP, 4 March 2010) at para. 15; citing Wang v Anying Group Pty Ltd  FCA 1500 at para. 43; and Davis v Insolvency and Trustee Service Australia (No 3)  FCA 69 (12 February 2010) at para. 15.
 Townsley v State of Victoria (Department of Education & Early Childhood Development)  FWCFB 5834 (Hatcher VP, Hamilton DP, Wilson C, 20 September 2013) at paras 17–24.
 Fair Work Act s.789FE(2).
 Australian Federal Police Act 1979 (Cth) s.8.
 WHS Act s.12E(2).
 Note to WHS Act s.8.
 WHS Act s.12E(2).