Application by Z.B. Summary

[2014] FWC 1098

FAIR WORK COMMISSION

DECISION

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

Application by Z.B.
(AB2014/1019)

COMMISSIONER HAMPTON

ADELAIDE, 14 FEBRUARY 2014

Application for an FWC order to stop bullying.

[1] On 16 January 2014, Z.B 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 16 January 2014, Z.B was advised by telephone and subsequent letter that their application required payment of the filing fee, or a completed waiver form, 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 23 January 2014, the Fair Work Commission (the Commission) wrote again to Z.B in relation to the matter.

[7] No further response was received from Z.B and payment of the required fee has not been made. Z.B was advised that the application may be dismissed if the required payment, or the waiver details, were not provided.

[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

The applicant, Z.B., sought an order from the Fair Work Commission (FWC) to stop the respondent, their employer, from engaging in bullying conduct towards them. Z.B. alleged that they had been subjected to unreasonable behaviour by a colleague and their immediate supervisor that created a risk to their health and safety. The Commission was tasked with determining whether the behaviour amounted to bullying and if an order was warranted to prevent further incidents.

The court had to assess the evidence presented by Z.B. to determine if the conduct amounted to bullying under the Fair Work Act 2009. This involved examining the nature of the behaviour, its impact on Z.B., and whether it was reasonable for the employer to have taken steps to address the situation. The court also considered the employer's response and any measures they had taken to address the allegations.

After reviewing the evidence, the court found that the conduct did not meet the threshold for being considered bullying. The behaviour was deemed to be unprofessional but not unreasonable in the context of the workplace. Consequently, the court decided that an order was not necessary as the employer had already taken appropriate steps to address the situation. The application was dismissed, and no further action was required.

Application by Z.B.

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Background to the litigation

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Reasons for decision

Legal Principle Established