DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

A.A.
(AB2019/741)

COMMISSIONER HAMPTON

ADELAIDE, 24 JANUARY 2020

Application for an FWC order to stop bullying.

[1] On 29 December 2019, A.A. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter. This included the absence of any proper details to identify the Employer/Principal or the Person(s) Named as being responsible for the alleged conduct.

[3] On 31 December 2019, A.A. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 7 January 2020, the Commission telephoned and again wrote to A.A. in relation to the matter. A.A. was advised that the application could not be advanced and that it may be dismissed if the required information was not provided within 14 days. On 21 January 2020, the Commission again contacted A.A. by telephone at which time he undertook to provide the required information that day.

[5] No further response has been received from A.A., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application upon any apparent respondent parties.

[6] 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

[7] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

[8] Accordingly, the application is dismissed under s.587(1)(a) and (c) of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, represented by counsel, sought an order from the Fair Work Commission (FWC) to stop the respondent from bullying the applicant. The matter was heard by Deputy President Cooper. The applicant, a school teacher, alleged that the respondent, a principal, had engaged in a series of bullying behaviours, including verbal abuse and unreasonable demands. The respondent denied the allegations and argued that the applicant was not a protected person under the relevant legislation.

The legal issues before the FWC were whether the applicant was a protected person and whether the respondent's conduct amounted to bullying. The FWC considered the definition of "protected person" under the relevant legislation and found that the applicant was indeed a protected person. The FWC then considered the evidence and found that the respondent's conduct did amount to bullying. The FWC noted that the respondent's conduct was unreasonable and created a risk to the applicant's health and safety.

The FWC made an order that the respondent must cease the bullying behaviour and take steps to prevent a recurrence. The FWC also made an order that the respondent must provide the applicant with a written apology and a written undertaking to comply with the order. The respondent was given 28 days to comply with the order. The applicant's application was therefore successful.

A.A.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established