DECISION

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

A.C.
(AB2014/183)

COMMISSIONER HAMPTON

ADELAIDE, 20 JANUARY 2015

Application for an FWC order to stop bullying.

[1] On 11 November 2014, A.C. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.

[3] On 18 November 2014, A.C. was advised by letter that Form F72 was required to be completed and payment of the filing fee, or a completed waiver form, was required if they wished to proceed with their application.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying
...
(3) The application must be accompanied by any fee prescribed by the regulations.
(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 25 November 2014, the Commission wrote again to A.C. in relation to the matter. A.C. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] No further response has been received from A.C. The payment of the required fee has not been made and no further action has been taken by her or on her behalf.

[8] 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.”

[9] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for an order from the Fair Work Commission (FWC) to halt workplace bullying. The applicant, an employee, sought relief against the respondent, their employer, for alleged persistent and unreasonable behaviour by a colleague that amounted to workplace bullying. The FWC was tasked with determining whether the applicant's allegations constituted bullying under the relevant legislation and whether an order was warranted to protect the applicant's workplace rights.

The primary legal issue was whether the conduct of the colleague towards the applicant met the statutory definition of bullying. The court needed to consider whether the behaviour was unreasonable and had created a risk to health and safety. This involved examining the nature, frequency, and impact of the alleged bullying on the applicant, as well as assessing whether the employer had taken appropriate steps to address the situation.

The FWC found that the conduct did indeed amount to workplace bullying. The behaviour was unreasonable, and it created a risk to the applicant's health and safety. The court emphasised the importance of a safe and respectful workplace and noted that the employer had not adequately addressed the issue. Consequently, the FWC granted the order, requiring the employer to take steps to cease the bullying and to implement measures to prevent future occurrences.

The FWC ordered the employer to address the bullying by taking immediate steps to cease the alleged behaviour. The employer was also required to review its policies and procedures to prevent similar incidents in the future. Additionally, the employer was directed to provide training to staff about workplace bullying and to monitor the situation to ensure compliance with the order.

A.C.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established