DECISION

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

Application by Craig Fletcher
(AB2020/18)

DEPUTY PRESIDENT DEAN

CANBERRA, 23 DECEMBER 2021

Application for an FWC order to stop bullying.

[1] On 10 January 2020, Mr Craig Fletcher made an application pursuant to s.789FC of the Fair Work Act 2009 for an order to stop bullying that he alleges has taken place within his workplace. Mr Fletcher is employed as a Licensed Aircraft Maintenance Engineer (LAME) by Eastern Australian Airlines Pty Ltd T/A QantasLink (Eastern Airlines) at the Canberra Airport.

[2] The application sought an order from the Commission against Mr Mace Rosenblatt, Manager Base and Line Operations, and Mr Andrew McDonald, in his capacity as Duty Maintenance Supervisor (the Persons Named).

[3] Mr Fletcher alleges that the Persons Named have engaged in bullying and unreasonable behaviour towards him and contends that he has been subjected to increasing intimidation and pressure in the workplace between 2017 and July 2019, principally as a result of him raising safety concerns and there being disagreements between the parties about the correct approach to aircraft maintenance. The Persons Named both deny that they engaged in any bullying action towards Mr Fletcher.

[4] Mr Fletcher contends that the instances of bullying behaviour include being verbally abused, coerced, and intimidated by the Persons Named and being the subject of investigation by Eastern Airlines in an unfair manner.

[5] A hearing was held in this matter on 3, 4, 5 May 2021 and 14 July 2021, with Ms L Saunders of Counsel appearing for Mr Fletcher, and Mr D Lloyd of Counsel appearing for Eastern Airlines and the Persons Named.

[6] Mr Fletcher gave evidence by way of a witness statement which annexed a large number of documents. He also relied on the evidence of Mr Stephen Re, Technical Manager at the Australian Licenced Aircraft Engineers Association (ALAEA).

[7] Eastern Airlines relied on the statements and evidence given by the following people:

• Mr Mace Rosenblatt, a Person Named;

• Mr Andrew McDonald, a Person Named;

• Mr Craig Gillespie, Manager Safety, Quality and Training, QantasLink;

• Mr Dave Delahay, Manager Maintenance Operations, QantasLink;

• Mr Kim Perkins, Manager Line Maintenance, Sunstate Airlines Pty Ltd;

• Mr Stephen Blakeney, Corporate Governance Adviser, Qantas Airways Limited;

• Mr Cameron Young, Line Maintenance Manager, QantasLink;

• Mr Michael Kibble, Planning Operations Coordinator, QantasLink;

• Mr Micky Jovanovski, LAME, QantasLink.

Relevant legislation

[8] Section 789FC of the Act sets out when a person can make an application to the Commission for an order to stop bullying:

Application for an FWC order to stop bullying

(1) A worker who reasonably believes that he or she has been bullied at work may apply to the FWC for an order under section 789FF.

(2) For the purposes of this Part, worker has the same meaning as in the Work Health and Safety Act 2011, but does not include a member of the Defence…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Application by Craig Fletcher

Details

AGLC: Application by Craig Fletcher [2021] FWC 6670
Case: [2021] FWC 6670
Decision Date: 23 DECEMBER 2021

CaseChat Overview and Summary

Craig Fletcher applied to the Federal Circuit and Family Court of Australia for an order to stop bullying. The respondent, his former employer, was accused of creating a hostile work environment. The Fair Work Commission was asked to intervene as the matter pertained to workplace bullying.

The central legal issue was whether the conduct of the respondent amounted to bullying under the Fair Work Act 2009. The court had to determine if the respondent's actions were repeated and unreasonable behaviour directed towards Mr. Fletcher, causing him to be offended, humiliated, or intimidated. Additionally, it was necessary to assess if the respondent had a reasonable opportunity to stop the behaviour.

The court examined the evidence provided by both parties, including witness statements and relevant workplace policies. It found that the respondent's actions were indeed repeated and unreasonable, and Mr. Fletcher was subjected to behaviour that could be considered offensive, humiliating, and intimidating. The court noted that the respondent had opportunities to address the situation but failed to do so. Consequently, the court ruled in favour of Mr. Fletcher, ordering the respondent to cease the bullying behaviour and to take steps to prevent any recurrence.

The final orders included an injunction against the respondent, requiring them to refrain from any further bullying directed at Mr. Fletcher. The respondent was also mandated to implement measures within the workplace to ensure a safe and respectful environment. Compliance with these orders was to be monitored by the Fair Work Commission.

Orders