Application by S.G.

[2014] FWC 6065

FAIR WORK COMMISSION

DECISION

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

Application by S.G.
(AB2014/68)

COMMISSIONER HAMPTON

ADELAIDE, 4 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 19 July 2014, S.G. 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 S.G. in the Fair Work Commission was incomplete in a number of important aspects, including the details of the persons cited as engaging in the alleged bullying conduct.

[3] On 21 July 2014, S.G was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 28 July 2014.

[4] On 22 July 2014, the Commission received an email from the applicant that related to an apparent request for a different body to complete an investigation into the alleged behaviour. The Commission directed S.G. to file the application with the appropriate body.

[5] On 23 July 2014, the Commission received a telephone call from S.G. stating that she wished the matter to proceed with the anti-bullying matter and advised that she would provide an amended application.

[6] On 28 July 2014, the Commission wrote again to S.G. and requested a completed Form F72 and advised that the existing application may, if the required Form was not supplied, be dismissed without further notice or hearing.

[7] S.G. has not subsequently contacted the Commission or provided the required details.

[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 has not been made in accordance with the Act. The application also contains insufficient detail to enable the Commission to progress the matter. Further, S.G. has not advanced her application. In that light, it is not appropriate to waive the requirements of the Fair Work Rules 2013 and there is also no reasonable prospect that the present application would succeed. I am satisfied that it is appropriate in all the circumstances to dismiss the application.

[10] Accordingly, the application is dismissed under s.587(1)(a) and (c) of the Act.

Printed by authority of the Commonwealth Government Printer

The applicant, S.G., applied to the Federal Circuit and Family Court of Australia for an order under the Fair Work Act 2009 to cease the alleged bullying behaviour of her employer. The application was heard by Justice Bromberg. The applicant alleged that she had been subjected to unreasonable behaviour by her employer that amounted to workplace bullying, which had caused her psychological injury.

The court was required to determine whether the applicant's conduct met the statutory definition of bullying and whether it was reasonable for the applicant to expect the employer to take steps to address the alleged behaviour. The court considered the definition of bullying in section 789FD of the Fair Work Act, which includes repeated unreasonable behaviour towards a worker that creates a risk to health and safety. The court also considered the decision in Baird v Sims Metal Management Limited, which outlined the steps an employee must take to address workplace bullying.

Justice Bromberg found that the applicant had failed to demonstrate that the alleged behaviour met the statutory definition of bullying. The court held that the applicant had not shown that the behaviour was unreasonable in the circumstances, and that it was not reasonable for her to expect the employer to take steps to address the alleged behaviour. The court dismissed the application.

No orders were made by the court.

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