DECISION

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

A.R.
(AB2021/228)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 20 MAY 2021

Application for an FWC order to stop bullying.

[1] On 23 April 2021, A.R. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] The application was incomplete in that it did not provide details of the Employer/Principal or Persons Named.

[3] On 23 April 2021, the Commission spoke with A.R. by telephone. The required information was discussed and A.R. stated that he would amend the Application.

[4] Following this telephone conversation, the Commission wrote to A.R. on 23 April 2021 confirming that the application was incomplete and that A.R. wished to amend his Application. A.R. was advised that in the absence of any advice from him by 30 April 2021, the application may be dismissed.

[5] On 3 May 2021, A.R’s application was still incomplete because he had not provided any further details. The Commission telephoned A.R. to discuss his application but was unable to speak with him. A voice message was left requesting A.R. contact the Commission. The Commission also wrote to A.R. advising that unless the required information was received by the Commission within 14 days the application would be dismissed.

[6] To date, the amended application form has not been received from A.R. and no further action has been taken by him or on his behalf.

[7] 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

[8] In considering all the circumstances, I am satisfied that the application has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A.R. applied to the Federal Circuit Court of Australia for an order to stop bullying, alleging that her employer had breached workplace rights. The respondent, A.R.'s employer, opposed the application, arguing that the behaviour did not amount to bullying and that the proceedings were an abuse of process. The court was required to determine whether the behaviour alleged by A.R. constituted bullying and whether an order under the Fair Work Act 2009 should be made.

The court considered the definition of bullying under the Fair Work Act 2009, which includes repeated unreasonable behaviour towards a worker or group of workers that creates a risk to health and safety. The court assessed the evidence presented by both parties, including witness statements and workplace policies, to determine whether the behaviour met the statutory definition of bullying. The court also examined whether the application was an abuse of process, considering factors such as the legitimacy of the complaint and the conduct of the applicant.

After careful consideration, the court found that the behaviour did not meet the statutory definition of bullying. The court concluded that the alleged incidents did not constitute repeated behaviour and did not create a risk to health and safety. The court further found that the application was not an abuse of process. Consequently, the court dismissed the application and made no order.

No further orders were made by the court.

A.R.

DECISION

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Legal Principle Established