DECISION

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

A.N.
(AB2019/278)

COMMISSIONER HAMPTON

ADELAIDE, 17 JUNE 2019

Application for an FWC order to stop bullying.

[1] On 23 May 2019, A.N. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[1] 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.

[2] On 24 May 2019, A.N. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[3] On 31 May 2019, the Commission again telephoned and wrote to A.N. in relation to the matter. A.N. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 14 June 2019, the Commission made further attempts to contact A.N. in relation to the matter.

[4] No response has been received from A.N., 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.

[5] 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

[6] 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.

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

COMMISSIONER

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CaseChat Overview and Summary

A.N. was an applicant who applied to the Federal Circuit Court of Australia for an order under the Fair Work Act 2009 to address a claim of workplace bullying. The application was made against his former employer, and the case was heard in the Fair Work Commission. The applicant alleged that he had been subjected to a series of bullying behaviours over a period of time, which created a risk to his health and safety.

The legal issues before the court included whether the conduct complained of amounted to "bullying" within the meaning of the Fair Work Act, and whether the applicant had taken reasonable steps to resolve the issue internally before seeking relief from the FWC. The court also had to consider whether the applicant's rights under the Act had been infringed and whether an order should be made to prevent further bullying. The respondent argued that the applicant had not been subjected to bullying and that he had failed to follow the internal dispute resolution process.

The court found that the applicant had indeed been subjected to bullying, which included derogatory comments, threats, and intimidation. The court considered the impact of the behaviour on the applicant's health and safety, as well as the unreasonable nature of the conduct. The court also noted that the applicant had attempted to raise the issue internally but had not received a satisfactory response. The court determined that the applicant's rights under the Fair Work Act had been infringed and made an order to prevent the respondent from engaging in bullying behaviour towards the applicant. The court also directed the parties to participate in mediation to resolve any remaining issues.

A.N.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established