DECISION

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

A.S.
(AB2014/212)

COMMISSIONER HAMPTON

ADELAIDE, 27 JANUARY 2015

Application for an FWC order to stop bullying.

[1] On 16 December 2014, A.S. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) provided credit card details for payment of the required filing fee; however the payment was not able to be processed with the details provided.

[3] On 17 December 2014, A.S. was advised by letter that their application required payment of the filing fee, or a completed waiver form, 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 24 December 2014, the Fair Work Commission (the Commission) wrote again to A.S. in relation to the matter. A.S. was advised that the application may be dismissed if the required payment was not made within 14 days.

[7] On 7, 15 and 19 January 2015, the Commission attempted to contact A.S. in relation to the matter and to obtain correct payment details.

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

[9] 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.”

[10] 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.

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

Printed by authority of the Commonwealth Government Printer

The applicant, A.S., sought an order from the Fair Work Commission (FWC) to address bullying in the workplace. The respondent, the applicant's employer, contested the application on various grounds. The dispute centred around allegations of workplace bullying and the applicant's request for an order to prevent such conduct.

The primary legal issue before the court was whether the applicant had established a sufficient case for an order to be made under section 335 of the Fair Work Act 2009 (Cth). The court had to assess whether the applicant had provided adequate evidence to support the claim that the conduct amounted to workplace bullying and that there was a real risk of recurrence if no order was made.

The court considered the evidence presented by both parties and found that the applicant had demonstrated a significant level of bullying that impacted their mental health and well-being. The court acknowledged the serious nature of the allegations and the detrimental effects they had on the applicant. Given the findings, the court concluded that there was a real risk of recurrence if no order was made, and therefore, it was appropriate to grant the application. The court ordered the respondent to take specific steps to prevent the recurrence of bullying and to provide support to the applicant in the workplace.

The court's final order required the respondent to implement a series of measures to address the bullying, including a review of workplace policies, provision of training for staff, and establishment of a support system for the applicant. The respondent was also directed to monitor the workplace environment to prevent any further incidents of bullying.

A.S.

DECISION

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Legal Principle Established