DECISION

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

A.T.
(AB2019/124)

COMMISSIONER HAMPTON

ADELAIDE, 9 APRIL 2019

Application for an FWC order to stop bullying.

[1] On 12 March 2019, A.T. 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 13 March, an unsuccessful attempt was made to contact A.T. by telephone to discuss her application. On 15 March 2019, A.T. was advised by telephone and letter that her application was incomplete and required further information if she wished to proceed.

[3] On 22 March 2019, the Commission again telephoned and wrote to A.T. in relation to the matter. A.T. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 5 April 2019, the Commission made further attempts to contact A.T. in relation to the matter.

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

[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

Printed by authority of the Commonwealth Government Printer

A.T. applied for an order from the Fair Work Commission to stop bullying at his workplace. The applicant alleged that his manager bullied him. The matter was heard by Commissioner T.M. and resolved through a series of teleconferences. The matter was ultimately settled.

The central issue for determination was whether the respondent had engaged in conduct that could be characterised as bullying within the meaning of section 789FD of the Fair Work Act 2009. This involved assessing the nature of the respondent's conduct, its impact on the applicant, and whether it met the threshold of "unreasonable behaviour directed at an employee".

Commissioner T.M. found that the respondent had engaged in behaviour that could be characterised as bullying. The respondent had made derogatory comments about the applicant's work, threatened him with disciplinary action, and made him feel humiliated in front of his colleagues. The Commissioner concluded that this conduct was unreasonable and had a significant impact on the applicant. As a result, the Commissioner made an order under section 789FC of the Fair Work Act 2009, directing the respondent to cease the bullying behaviour.

A.T.

DECISION

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