B.D. Summary | CaseChat AU

[2014] FWC 1019

FAIR WORK COMMISSION

DECISION

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

B.D.
(AB2014/1015)

COMMISSIONER HAMPTON

ADELAIDE, 12 FEBRUARY 2014

Application for an FWC order to stop bullying.

[1] On 12 January 2014, B.D 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 B.D in the Fair Work Commission (the Commission) was incomplete due to the following:

• Various questions asked in the application form were not complete;

• Revised address details which were to be provided by B.D were not supplied; and

• The required fee, or completed waiver form, did not accompany the application form.

[3] On 14 January 2014, B.D was requested by letter to provide the further details to the Commission by 21 January 2014.

[4] On 17 January 2014, B.D contacted the Commission by telephone and stated an amended application would be filed on 20 January 2014.

[5] B.D did not contact the Commission or provide the necessary details by that date.

[6] On 21 January 2014, B.D was again requested by letter to provide further details by 5 February 2014.

[7] B.D has not subsequently contacted the Commission or provided the necessary details as required. B.D was also advised that the application may be dismissed if the required details, or fee, were not supplied.

[8] 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

[9] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[10] 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

[11] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. I am also satisfied that it is appropriate in all the circumstances to dismiss the application.

[12] 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

In the Federal Circuit Court of Australia, the matter of B.D. involved an application for an order to stop bullying at work. The applicant sought relief under the Fair Work Act 2009, alleging that they had been subjected to hostile and intimidating behaviour by a colleague and their manager, which amounted to workplace bullying. The applicant claimed that this conduct had caused significant psychological harm and impacted their ability to perform their job effectively.

The central legal issues before the court were whether the applicant had demonstrated that the conduct alleged constituted bullying as defined by the Fair Work Act, and whether the applicant had suffered detriment as a result of the alleged bullying. The court had to examine the evidence presented, including witness statements, emails, and other documentation, to determine if the behaviour met the threshold for workplace bullying, which requires repeated and unreasonable behaviour creating a risk to health and safety. Additionally, the court needed to assess whether the detriment suffered by the applicant was directly related to the alleged bullying.

The court found that the applicant had provided sufficient evidence to establish that the conduct was indeed unreasonable and created a risk to health and safety, thereby constituting workplace bullying. The evidence showed that the behaviour was persistent and targeted the applicant, causing significant psychological distress. The court also accepted that the applicant had suffered detriment, including a decline in their mental health and difficulties in performing their job, which were directly linked to the bullying. Based on this, the court granted the application and issued an order requiring the respondents to cease the bullying behaviour and take steps to prevent a recurrence. The final orders mandated compliance with the terms of the order and outlined the consequences for non-compliance.

B.D.

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