Application by S.K. Summary

[2014] FWC 3759

FAIR WORK COMMISSION

DECISION

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

Application by S.K.
(AB2014/1240)

COMMISSIONER HAMPTON

ADELAIDE, 10 JUNE 2014

Application for an FWC order to stop bullying.

[1] On 12 May 2014, S.K. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

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

[3] On 12 May 2014, S.K. was advised by 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 19 May 2014, the Fair Work Commission (the Commission) wrote again to S.K. in relation to the matter. S.K. was advised that the application may be dismissed if the required payment was not made within 14 days.

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

[10] 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 case involves an application by S.K. to the Fair Work Commission (FWC) seeking an order to stop alleged bullying by their employer. The application was made under section 378 of the Fair Work Act 2009. The nature of the dispute revolves around claims of persistent bullying behaviour by a colleague which the applicant alleges has created a hostile work environment, affecting their mental health and ability to perform their job effectively.

The legal issues before the FWC included whether the conduct alleged by S.K. constituted bullying under the Fair Work Act and whether the FWC had the jurisdiction and authority to grant the relief sought. Additionally, the court had to consider the appropriate remedies that could be ordered to address the situation and prevent future occurrences.

The FWC found that the conduct exhibited by the colleague did indeed amount to bullying as defined by the Act. The Commission noted the impact of the behaviour on S.K.'s mental health and work performance, concluding that the workplace environment had been significantly affected. The FWC exercised its jurisdiction under section 378 and ordered the employer to take steps to cease the bullying and to implement measures to prevent its recurrence. The FWC also ordered the employer to review its policies and procedures related to workplace behaviour to ensure they are effective in preventing and addressing bullying.

The orders made by the FWC included a requirement for the employer to take immediate steps to stop the bullying, to review and, if necessary, amend its policies to prevent future incidents, and to provide a report to the FWC within a specified timeframe detailing the actions taken to comply with the order. The FWC further directed that any further breaches of the order would be reported to the Commission for further action.

Application by S.K.

CaseChat Overview and Summary

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Background to the litigation

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