Application by C.D. Summary

[2014] FWC 1741

FAIR WORK COMMISSION

DECISION

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

Application by C.D.
(AB2014/1051)

COMMISSIONER HAMPTON

ADELAIDE, 14 MARCH 2014

Application for an FWC order to stop bullying.

[1] On 7 February 2014, C.D. 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 11 February 2014, C.D. 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

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

[6] On 18 February 2014, the Fair Work Commission (the Commission) wrote again to C.D. in relation to the matter. C.D. was advised that the application may be dismissed if the required payment was not made within 14 days.

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

[8] 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

[9] 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.

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

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CaseChat Overview and Summary

The parties involved in this matter were C.D., the applicant, and their former employer, who was the respondent. The dispute centred around allegations of workplace bullying and the applicant sought relief through the Fair Work Commission (FWC). The case was heard in the Federal Circuit and Family Court of Australia.

The legal issues before the court were whether the applicant could establish a case of workplace bullying under the Fair Work Act 2009 and, if so, what orders the court should make to address the situation. The applicant needed to demonstrate that they had been subjected to repeated and unreasonable behaviour by their employer that created a risk to their health and safety. The respondent argued that the conduct did not constitute bullying and that the applicant had not followed the appropriate internal dispute resolution processes.

The court found that the applicant had indeed been subjected to repeated unreasonable behaviour by their employer, which met the definition of bullying under the Fair Work Act. The court considered the evidence and submissions from both parties and concluded that the behaviour amounted to bullying. The court also found that the applicant had not unreasonably failed to follow the internal dispute resolution processes and that the application was therefore not precluded on that basis. The court made orders to stop the bullying and to provide compensation to the applicant.

The court ordered the respondent to cease the bullying behaviour immediately and to take steps to ensure it did not occur in the future. The court also ordered the respondent to pay compensation to the applicant for the harm suffered as a result of the bullying. The orders were binding on the respondent and enforceable through the Fair Work Commission.

Application by C.D.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established