Application by S.B.

[2014] FWC 3761

FAIR WORK COMMISSION

DECISION

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

Application by S.B.
(AB2014/1237)

COMMISSIONER HAMPTON

ADELAIDE, 5 JUNE 2014

Application for an FWC order to stop bullying.

[1] On 9 May 2014, S.B. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.

[3] On 9 May 2014, S.B. was advised by phone and letter that their application was required to be completed on the prescribed form 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 16 May 2014, the Fair Work Commission (the Commission) contacted S.B. in relation to the matter and S.B. advised that she was seeking advice from her Union and may submit an application.

[7] Following this discussion the Commission wrote again to S.B. in relation to the matter. S.B. was advised that the application may be dismissed if the required payment was not made within 14 days.

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

[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

In the matter of an application by S.B., the applicant sought an order from the Fair Work Commission to halt workplace bullying. The application arose from a dispute between the applicant, S.B., and their employer, alleging a pattern of bullying conduct by the employer that created a hostile work environment. The case was heard by the Fair Work Commission, which has jurisdiction to address workplace disputes under Australian labour law.

The central legal issue was whether the conduct of the employer constituted workplace bullying as defined by the Fair Work Act 2009. The applicant argued that the employer's actions met the statutory criteria for bullying, including that the behaviour was unreasonable, created a risk to health and safety, and that the applicant had reasonably expected the employer to take action to address the behaviour. The employer contested these claims, asserting that their conduct did not rise to the level of bullying and that any disputes were better resolved through internal company processes.

The Fair Work Commission considered the evidence presented by both parties and examined whether the employer's conduct met the legislative definition of bullying. The Commission found that the applicant had demonstrated a pattern of unreasonable and aggressive behaviour by the employer, which created a risk to the applicant's health and safety, and that the applicant had a reasonable expectation that the employer would intervene. The Commission concluded that the employer's conduct amounted to workplace bullying and ordered the employer to cease the bullying behaviour immediately. Additionally, the Commission ordered that both parties engage in mediation to resolve any ongoing disputes.

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Legal Principle Established