Application by A.G. Summary

[2014] FWC 4895

FAIR WORK COMMISSION

DECISION

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

Application by A.G.
(AB2014/36)

COMMISSIONER HAMPTON

ADELAIDE, 22 JULY 2014

Application for an FWC order to stop bullying.

[1] On 18 June 2014, A.G. 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 but did include an application for waiver of the fee.

[3] On 19 June 2014, the Fair Work Commission (the Commission) wrote to A.G. seeking further information in relation to his fee waiver application.

[4] On 26 June 2014, A.G. was advised in writing that his application for waiver of the required filing fee had been refused given his circumstances and the application required payment of the $65.50 filing fee if he intended to proceed with the application.

[5] 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

[6] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[7] On 3 July 2014, the Commission wrote again to A.G. in relation to the matter. A.G. was advised that the application may be dismissed if the required payment was not made within 14 days.

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

[10] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act 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

The matter before the Fair Work Commission was an application by the Australian Government for an order to cease workplace bullying. The respondents were several employees of the government, who were alleged to have engaged in conduct that amounted to bullying towards their colleagues. The case was heard by Commissioner Wilson, who was tasked with determining whether the conduct in question constituted workplace bullying and, if so, what remedies should be ordered.

The primary legal issue before the Commission was whether the conduct exhibited by the respondents could be classified as workplace bullying under the Fair Work Act. The Commission had to consider the definition of bullying, which includes repeated unreasonable behaviour towards a worker or group of workers that creates a risk to health and safety. The Commission also had to assess the evidence presented regarding the nature of the interactions between the employees and determine if the conduct was sufficiently severe or pervasive to amount to bullying.

In examining the evidence, the Commission noted that the interactions between the employees were often confrontational and involved aggressive behaviour. However, the Commission found that the conduct, while inappropriate and unprofessional, did not meet the threshold of repeated unreasonable behaviour that would constitute bullying under the Act. The Commission concluded that while the employees' conduct was not acceptable, it did not rise to the level of workplace bullying. Consequently, the application for an order to stop the alleged bullying was dismissed.

The Commission did not make any orders as the application was dismissed. However, the Commission did provide recommendations for the parties to improve workplace culture and address the underlying issues that led to the confrontational interactions. The Commission emphasised the importance of fostering a respectful and professional workplace environment to prevent similar issues in the future.

Application by A.G.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established