DECISION

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

A.T.
(AB2015/120)

COMMISSIONER HAMPTON

ADELAIDE, 16 MARCH 2015

Application for an FWC order to stop bullying.

[1] On 18 January 2015, A.T. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

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

[3] On 20 January 2015, A.T. 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 27 January 2015, the Commission wrote again to A.T. in relation to the matter. A.T. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] On 10 February 2015, the Commission made a further attempt to contact A.T. in relation to the matter.

[8] No further response has been received from A.T. 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

CaseChat Overview and Summary

In the case of A.T., the applicant sought an order from the Fair Work Commission (FWC) to prevent their former employer from engaging in bullying conduct. The matter was heard and determined by the Commission, which had to consider whether the employer's actions constituted bullying and if an order was warranted to prevent further instances of such behaviour.

The central legal issue before the FWC was whether the conduct of the employer, which the applicant alleged was bullying, met the criteria established by the Fair Work Act 2009 for such conduct. This required the Commission to examine the nature and frequency of the interactions between the applicant and the employer, and whether these interactions were reasonable in the circumstances. Furthermore, the FWC had to determine if the applicant had a legitimate expectation of protection from bullying in the workplace, given their past experiences and the employer's knowledge of these events.

After considering the evidence and submissions from both parties, the FWC concluded that the employer's conduct did not amount to bullying as defined in the Fair Work Act. The Commission found that while the interactions between the applicant and the employer were not ideal, they did not meet the threshold of high-handed, bullying behaviour. The FWC emphasised that the applicant had not demonstrated a pattern of unreasonable or oppressive behaviour by the employer, and that the applicant's perception of being bullied was not supported by the evidence presented. Consequently, the application for an order to stop the alleged bullying was dismissed.

The FWC's decision was based on its assessment of the evidence and the legal standards applicable to claims of workplace bullying. The Commission found that the employer's conduct, while potentially unprofessional or inappropriate, did not rise to the level of bullying under the Act. The applicant was not granted the relief they sought, and no order was made to prevent the employer from engaging in the conduct in question.

A.T.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established