Application by D.M.

[2014] FWC 6555

FAIR WORK COMMISSION

DECISION

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

Application by D.M.
(AB2014/87)

COMMISSIONER HAMPTON

ADELAIDE, 19 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 11 August 2014, D.M. 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 D.M. 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 11 August 2014, D.M. was advised by telephone and subsequently 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 18 August 2014, the Commission again contacted D.M. by telephone in relation to the matter. During this conversation, D.M. indicated that he may not continue with the matter and would contact the Commission as soon as possible to confirm his position. On the same day, D.M. was sent further correspondence to confirm the requirement to provide a complete Form F72 and the required filing fee. D.M. was also advised that the application may be dismissed, without further notice or hearing, if the required Form and fee were not supplied within 14 days.

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

Printed by authority of the Commonwealth Government Printer

The application was made by D.M. against her former employer, seeking an order from the Fair Work Commission (FWC) to stop bullying. The dispute arose from the applicant's claim that she was subjected to repeated instances of bullying and harassment by her manager and colleagues during her employment. The case was heard by the FWC, which was required to determine whether the applicant's claims were substantiated and whether an order should be made under section 488 of the Fair Work Act 2009.

The central legal issues before the FWC were whether the applicant had indeed been subjected to behaviour that could be characterised as bullying, and if so, whether the employer had failed to take reasonable steps to remedy the situation. The FWC considered the evidence and submissions from both parties, focusing on the nature of the interactions between the applicant and her manager and colleagues, the frequency and severity of the incidents, and the employer's response to the applicant's complaints.

The FWC found that the applicant had been subjected to behaviour that could reasonably be characterised as bullying, including verbal abuse, exclusion from work activities, and intimidation. The FWC also determined that the employer had not taken reasonable steps to address the situation, despite being made aware of the applicant's complaints. Consequently, the FWC made an order under section 488 of the Fair Work Act, requiring the employer to take specific actions to prevent the recurrence of bullying and to compensate the applicant for the harm suffered.

The FWC's final orders included a requirement for the employer to implement a bullying prevention policy, provide training to staff on identifying and preventing bullying, and pay compensation to the applicant for the psychological harm she experienced. The orders also mandated that the employer take steps to ensure that the applicant's concerns were addressed and that she was treated fairly in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established