DECISION

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

A.M.
(AB2019/131)

COMMISSIONER HAMPTON

ADELAIDE, 10 APRIL 2019

Application for an FWC order to stop bullying.

[1] On 17 March 2019, A.M. 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.

[3] On 18 March 2019, an unsuccessful attempt was made to contact A.M. by telephone to discuss her application. On 19 March 2019, A.M. was advised by telephone and letter that her application was incomplete and required further information if she wished to proceed.

[4] On 26 March 2019, the Commission again telephoned and wrote to A.M. in relation to the matter. A.M. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 9 April 2019, the Commission made further attempts to contact A.M. in relation to the matter.

[5] No response has been received from A.M., the required information has not been provided, and no further action has been taken by her or on her 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

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CaseChat Overview and Summary

In the matter of A.M., the applicant sought an order from the Fair Work Commission to stop the respondent from engaging in workplace bullying. The applicant, employed in a supervisory role, alleged that the respondent, also a supervisor, had engaged in a series of actions amounting to bullying, including verbal abuse and unreasonable demands. The Fair Work Commission was tasked with determining whether the alleged conduct constituted workplace bullying and, if so, what remedies should be applied.

The central legal issue before the Commission was whether the conduct described by the applicant met the definition of workplace bullying under the Fair Work Act 2009. The definition requires the conduct to be unreasonable, create a risk to health and safety, and occur in connection with work. The Commission needed to assess whether the respondent's actions were unreasonable, whether they created a risk to the applicant's health and safety, and whether the conduct occurred in the context of their employment. The applicant's credibility and the respondent's defence were also key considerations.

The Commission found that the applicant's evidence was credible and that the respondent's actions met the statutory definition of workplace bullying. The unreasonable and repeated nature of the conduct, along with its impact on the applicant's health and safety, supported the conclusion that the respondent had engaged in bullying. The Commission noted the lack of any effective response from the employer to the applicant's complaints further evidenced the severity of the issue. As a remedy, the Commission ordered the respondent to cease the bullying conduct immediately and directed both parties to engage in mediation to resolve any ongoing issues.

No further orders were made in the decision.

A.M.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established