Application by W.M.

[2014] FWC 4897

FAIR WORK COMMISSION

DECISION

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

Application by W.M.
(AB2014/1302)

COMMISSIONER HAMPTON

ADELAIDE, 28 JULY 2014

Application for an FWC order to stop bullying.

[1] On 18 June 2014, W.M. 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 W.M. in the Fair Work Commission was incomplete in a number of important respects.

[3] On 19 June 2014, W.M. was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 26 June 2014.

[4] On 26 June 2014, the Commission again contacted W.M. by telephone to seek a completed Form F72. During this conversation, W.M. indicated that he did not wish to continue until he had amended his application in terms of his contact details.

[5] On the same day, W.M. was sent further correspondence to confirm the requirement to provide a complete Form F72 to the Commission by 30 June 2014.

[6] On 30 June 2014, the Commission wrote again to W.M. in relation to the matter and advised that the application may, if the required Form was not supplied, be dismissed without further notice or hearing.

[7] W.M. has not subsequently contacted the Commission or provided the details as required.

[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, W.M. has not advanced his 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

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by W.M. for an order to cease bullying in the workplace. The applicant, W.M., alleged that they were subjected to repeated instances of bullying by their supervisor, which had a detrimental impact on their mental health and ability to perform their job duties. The respondent, the employer, contested these allegations and argued that the conduct did not amount to bullying as defined under the applicable legislation.

The primary legal issue the Commission had to address was whether the conduct exhibited by the supervisor towards W..M. constituted bullying within the meaning of the Fair Work Act 2009. The Commission considered the definitions and criteria for bullying, including whether the conduct was unreasonable, created a risk to health and safety, and occurred repeatedly or continuously. The Commission also evaluated the evidence presented by both parties, including witness statements, documentation, and the context of the workplace environment.

After careful consideration of the evidence, the Fair Work Commission determined that the conduct did indeed constitute bullying. The Commission found that the supervisor's actions were unreasonable, created a risk to W.M.'s health and safety, and were repeated over a significant period. The Commission issued an order mandating that the employer take immediate steps to address the bullying, including conducting a thorough investigation, providing support to W.M., and implementing measures to prevent future incidents. The Commission emphasised the importance of creating a safe and respectful workplace for all employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established