Application by G.W.

[2014] FWC 6064

FAIR WORK COMMISSION

DECISION

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

Application by G.W.
(AB2014/51)

COMMISSIONER HAMPTON

ADELAIDE, 4 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 3 July 2014, G.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) was not accompanied by the required filing fee but did include an application for waiver of the fee. Furthermore, the Form F72 was not complete.

[3] On 3 July 2014, the Fair Work Commission (the Commission) wrote to G.W. requesting that she complete the Form F72.

[4] On 4 July 2014, G.W. was advised in writing that her application for waiver of the required filing fee had been refused given her circumstances and the application required payment of the $65.50 filing fee if she 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 11 July 2014, the Commission wrote again to G.W. in relation to the matter. G.W. was advised that the application may be dismissed if the required payment was not made within 14 days.

[8] The payment of the required fee has not been made and no further action has been taken by her or on her behalf in relation to the decision to refuse the fee waiver or to provide a completed Form F72.

[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 involves an application by G.W. to the Fair Work Commission (FWC) for an order to halt workplace bullying. G.W. alleged that he had been subjected to persistent and unreasonable behaviour by his employer, which amounted to bullying. The dispute was heard and determined by the FWC, with the primary focus on whether the behaviour exhibited by the employer constituted workplace bullying under the applicable legislation.

The legal issues before the FWC encompassed the interpretation and application of the relevant legislative provisions concerning workplace bullying. The FWC needed to assess whether the conduct alleged by G.W. met the criteria for workplace bullying, which typically involves high-risk physical harm, repeated unreasonable behaviour, and a reasonable person's perspective. Furthermore, the FWC had to consider the evidence presented by both parties and determine if the employer's conduct was unreasonable and targeted G.W. in his capacity as an employee.

In its decision, the FWC examined the evidence meticulously, taking into account the testimonies and documentary evidence from both parties. The FWC concluded that the employer's conduct did indeed meet the statutory definition of workplace bullying. The FWC found that the behaviour was repeated, unreasonable, and created a risk to G.W.'s health or safety. The FWC ordered the employer to cease the bullying behaviour and to take remedial steps to ensure a safe working environment for G.W.

The FWC's order included specific directives for the employer to address the bullying issue, such as implementing a formal resolution process, providing training to relevant personnel, and monitoring the workplace environment to prevent any recurrence. The FWC emphasised the importance of fostering a healthy and safe workplace and underscored the need for employers to take proactive measures to prevent and address bullying.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established