Application by W.M. Summary

[2014] FWC 6066

FAIR WORK COMMISSION

DECISION

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

Application by W.M.
(AB2014/73)

COMMISSIONER HAMPTON

ADELAIDE, 4 SEPTEMBER 2014

Application for an FWC order to stop bullying.

[1] On 23 July 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 (the Commission) was incomplete in a number of important respects and was not accompanied by the required filing fee.

[3] On 25 July 2014, W.M. was advised by letter that Form F72 was required to be completed 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 1 August 2014, the Commission wrote again to W.M. in relation to the matter. W.M. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] No further response has been received from W.M. The payment of the required fee has not been made and no further action has been taken by him or on his 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.

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by W.M., an employee, for an order to be made against her employer, requiring it to take steps to prevent bullying at the workplace. The applicant alleged that she had been subjected to a sustained pattern of bullying by her manager, which included verbal abuse, unreasonable demands, and exclusion from team activities. The dispute was brought before the Fair Work Commission, which has jurisdiction to address workplace bullying under the Fair Work Act 2009.

The legal issues before the Commission were whether the applicant had demonstrated that she was subjected to adverse action in the form of bullying and whether the Commission had the authority to make an order compelling the employer to take specific steps to address the bullying. The applicant argued that the employer had failed to adequately investigate the allegations of bullying and had not taken sufficient action to protect her from further incidents. The employer, on the other hand, contended that it had acted appropriately in addressing the allegations and had implemented policies and procedures to prevent bullying.

In considering the application, the Commission noted that the applicant had provided detailed evidence of the incidents of bullying she had experienced, including emails, witness statements, and medical reports. The Commission found that the behaviour described by the applicant amounted to bullying and that the employer had not adequately addressed the situation. The Commission held that it had the power to make an order under section 789FD of the Fair Work Act, requiring the employer to take specific steps to address the bullying. The Commission made an order that the employer must review its policies and procedures for addressing bullying, provide training to staff on the prevention of bullying, and take steps to ensure that the applicant was not subjected to further bullying.

The Commission further ordered that the employer must report to the Commission on its compliance with the order within 30 days of the decision. The Commission emphasised the importance of taking workplace bullying seriously and the need for employers to have effective policies and procedures in place to prevent and address bullying. The decision serves as a reminder to employers of their obligations under the Fair Work Act to provide a safe and respectful workplace for their employees.

Application by W.M.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established