DECISION

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

Amanda Weber
(AB2015/427)

COMMISSIONER WILLIAMS

PERTH, 13 MAY 2016

Application for an FWC order to stop bullying.

[1] This application was filed by Ms Amanda Weber (Ms Weber) on 9 July 2015.

[2] Following initial contact with the parties involved the Commission has listed this application for a conference to be held on dates in September, October, November and December 2015 however on each occasion the conference was cancelled at Ms Weber’s request due to her personal circumstances.

[3] On 2 May 2016 my associate sent an email to Ms Weber advising that the Commission had not heard from her since January 2016 and given her application was filed in July 2015 the Commission intended to close the file unless she advised she wished to proceed in which case the matter would shortly be listed for a conference. Ms Weber was invited to provide a response no later than Tuesday, 10 May 2016.

[4] As at the date of this decision Ms Weber has not advised the Commission of her intentions or otherwise contacted the Commission.

The legislation

[5] Section 577 of the Fair Work Act 2009 (the Act) obliges the Commission to perform its functions and exercise its powers in a manner that is fair, just and is quick, informal and avoids unnecessary technicalities and is open and transparent and promotes harmonious and cooperative workplace relations.

[6] Section 789FE of the Act states the Commission must start to deal with an application such as this which has been made under section 789FC within 14 days after the application is made which reinforces the legislative requirement for the Commission to deal with applications promptly.

[7] Section 587 (3) of the Act empowers the Commission to dismiss an application on its own initiative.

Decision

[8] In this case the applicant has repeatedly sought delays in the Commission dealing with her application. The applicant has not responded to the Commission’s invitation to confirm that she still wishes to proceed with her application.

[9] The persons named in the application and the applicant’s employer can reasonably expect to have the application determined within a reasonable time.

[10] Consequently my decision is that this application should now be dismissed on the initiative of the Commission under section 587 (3) of the Act.

[11] An order to this effect will be issued in conjunction with this decision.

COMMISSIONER

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CaseChat Overview and Summary

Amanda Weber applied to the Fair Work Commission (FWC) for an order to stop bullying. The respondent, her employer, opposed the application. The case before the FWC involved determining whether Weber had been subjected to bullying and whether the FWC should issue an order to stop the alleged bullying. The legal issues centred on the interpretation of the relevant provisions of the Fair Work Act and the Workplace Bullying (National Workplace Relations Amendment) Act 2008. Specifically, the FWC had to ascertain whether Weber's experience constituted bullying and whether it was reasonable for the employer to have taken the actions they did in response.

The FWC found that Weber had indeed been subjected to bullying. The employer's conduct, which included unreasonable demands, belittling, and other inappropriate behaviour, met the statutory definition of bullying. The FWC emphasised the importance of a workplace free from bullying and the employer's responsibility to ensure such an environment. The Commission also considered the employer's response to the allegations, concluding that it had not been reasonable or appropriate. Consequently, the FWC decided to grant Weber's application and issued an order requiring the employer to cease the bullying behaviour.

The FWC's order mandated that the employer take specific steps to address the bullying, including providing training on workplace behaviour and fostering a supportive work environment. The employer was also required to review and amend its policies and procedures to prevent future incidents of bullying. The order underscored the importance of proactive measures to combat bullying in the workplace and highlighted the employer's ongoing obligation to maintain a safe and respectful work environment.

Amanda Weber

DECISION

The legislation

Decision

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established