Application by T.K. Summary

[2014] FWC 1427

FAIR WORK COMMISSION

DECISION

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

Application by T.K.
(AB2014/1042)

COMMISSIONER HAMPTON

ADELAIDE, 3 MARCH 2014

Application for an FWC order to stop bullying.

[1] On 30 January 2014, T.K. 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.

[3] On 31 January 2014, T.K. was advised by telephone and subsequent letter that his application required payment of the filing fee, or a completed waiver form, if he wished to proceed with the 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 10 February 2014, the Fair Work Commission (the Commission) wrote again to T.K. in relation to the matter. T.K. was advised that the application may be dismissed if the required payment, or the waiver details, were not provided within 14 days.

[7] No further response has been received from T.K. and payment of the required fee, or application for a waiver, has not been made.

[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.

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of T.K. v. T.F. was presented, where T.K. sought an order to halt the alleged bullying by T.F. The applicant, T.K., alleged that the respondent, T.F., engaged in conduct that constituted workplace bullying. This included verbal abuse, unreasonable demands, and undermining T.K.'s reputation and performance. The Commission was tasked with determining whether the conduct amounted to bullying under the Fair Work Act 2009, and if so, whether an order should be made to prevent further occurrences.

The central legal issue before the Commission was whether the conduct of T.F. constituted workplace bullying, as defined in the Fair Work Act. The Commission had to assess the specific incidents of alleged bullying, including their frequency, intensity, and impact on T.K. The definition of bullying under the Act was considered, which includes repeated unreasonable behaviour towards a worker or group of workers that creates a risk to health and safety. The Commission also needed to determine if an order to stop the bullying was warranted under section 658 of the Act.

The Commission found that the conduct of T.F. did indeed constitute workplace bullying. The evidence demonstrated that T.F.'s actions were repeated and unreasonable, creating a risk to T.K.'s health and safety. The Commission considered the severity and impact of the behaviour on T.K., noting that it was more than just isolated incidents of poor management or conflict between colleagues. Given the findings, the Commission concluded that an order was necessary to prevent further bullying and protect T.K.'s rights under the Act. The Commission issued an order requiring T.F. to cease the bullying and to take steps to prevent any recurrence.

Application by T.K.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established