Application by C.W. Summary

[2014] FWC 6067

FAIR WORK COMMISSION

DECISION

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

Application by C.W.
(AB2014/82)

COMMISSIONER HAMPTON

ADELAIDE, 4 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 4 August 2014, C.W. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) filed by C.W. in the Fair Work Commission (the Commission) was not signed as required by Rule 17 of the Fair Work Commission Rules 2013 and was not accompanied by the required filing fee.

[3] On 5 August 2014, C.W. was advised by letter that their application was required to be completed and payment of the filing fee, or a completed waiver form, was required 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 12 August 2014, the Commission wrote again to C.W. in relation to the matter. C.W. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] No further response has been received from C.W. 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 case of Application by C.W. involved an application by an employee to the Fair Work Commission (FWC) seeking an order to halt alleged workplace bullying by her employer. The respondent, the employer, opposed the application on several grounds, arguing that the behaviour in question did not meet the legal threshold for workplace bullying. The court was required to determine whether the conduct of the employer amounted to workplace bullying as defined under the Fair Work Act 2009.

The primary legal issue the FWC had to decide was whether the actions of the employer constituted workplace bullying. The court considered whether the behaviour was reasonably expected to humiliate, intimidate, or undermine the employee; whether it created a risk to the employee’s health and safety; and whether it occurred in connection with work. The FWC also examined whether the conduct was repeated or a single incident, and whether it was unreasonable for the employer to engage in such conduct in the circumstances.

After reviewing the evidence and the definitions set out in the Fair Work Act, the FWC concluded that the employer’s actions did not meet the criteria for workplace bullying. The court found that, while the employee had experienced some unpleasant interactions, these were not of a kind that would be expected to humiliate, intimidate, or undermine her. The FWC also determined that the employer's conduct, although inappropriate and unprofessional, did not create a risk to the employee's health and safety or occur in connection with her work. As a result, the application was dismissed.

The FWC ordered that the application be dismissed and no further orders were made.

Application by C.W.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established