DECISION

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

B.L.
(AB2017/407)

COMMISSIONER HAMPTON

ADELAIDE, 21 AUGUST 2017

Application for an FWC order to stop bullying.

[1] On 26 July 2017, B.L. 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 incomplete in that it remained unsigned. When initially contacted by the Commission, B.L. confirmed that she intended to proceed with the application and would shortly file a signed application.

[3] On 26 July, B.L. was advised by letter that her application required a signature or some other confirmation if she wished to proceed with the application.

[4] On 2 August, the Commission again wrote to B.L. and advised that the application may be dismissed if the required signed document was not received within 14 days. B.L. subsequently contacted the Commission to advise that she was meeting with her employer that day to resolve the matter and would file a signed application should she need to proceed with the s.789FC application.

[5] No further response has been received from B.L. and no action has been taken by her or on her behalf.

[6] 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

[7] 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 of the circumstances to dismiss the application.

[8] Accordingly, the application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the case of B.L., the applicant sought an order from the Fair Work Commission to address alleged bullying in the workplace. The respondent, the employer, opposed the application, arguing that the conduct did not amount to bullying under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the conduct of the respondent towards the applicant constituted bullying under the Fair Work Act. The court had to examine the specific instances of alleged bullying and determine whether they met the statutory definition of bullying, which includes repeated unreasonable behaviour towards a worker that creates a risk to health and safety. The court also needed to assess the impact of the alleged bullying on the applicant and whether it was reasonable for the applicant to have felt bullied.

The Fair Work Commission found that the respondent's conduct did not meet the statutory definition of bullying. The court noted that while there were instances of conflict between the applicant and the respondent, these did not amount to repeated unreasonable behaviour that created a risk to health and safety. The court considered the overall context of the workplace interactions and concluded that the applicant's perception of being bullied was not substantiated by the evidence presented. The court emphasised that the definition of bullying under the Fair Work Act requires a higher threshold of unreasonable behaviour than mere workplace disagreements or conflicts.

The Fair Work Commission dismissed the application, finding that the respondent's conduct did not constitute bullying under the Fair Work Act. The court's decision was based on a detailed examination of the evidence and the statutory definition of bullying, which the applicant's conduct did not meet. The court's reasoning highlights the importance of establishing a clear and objective standard for determining when workplace conduct crosses the line into bullying. The final orders of the court were that the application be dismissed with no orders for costs.

B.L.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established