DECISION

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

B.M.
(AB2016/81)

COMMISSIONER HAMPTON

ADELAIDE, 27 JUNE 2016

Application for an FWC order to stop bullying.

[1] On 16 March 2016, B.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 B.M. in the Fair Work Commission (the Commission) was incomplete in a number of important respects.

[3] On 24 March 2016, B.M. was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 7 April 2016.

[4] On 7 April 2016 the Commission unsuccessfully attempted to contact B.M. by telephone and a voice mail message was left.

[5] On 28 April 2016 the Commission again contacted B.M. by telephone to seek a completed Form F72. During this conversation, B.M. indicated that he did wish to continue and would amend his application in terms of his contact details and the individuals named.

[6] On 29 April 2016, B.M. was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 6 May 2016.

[7] On 6 May 2016, B.M. was advised by letter that unless a completed Form F72 was filed within 14 days, the matter would be referred to the Panel Head and may result in the Commission exercising its power under subsection 587(1)(a) of the Fair Work Act 2009 without further notice.

[8] On 1 June 2016, B.M. indicated he was dealing with a number of current personal and professional situations, however he did wish to continue with his application.

[9] Further attempts have been made to contact B.M. on 9 and 10 June 2016.

[10] B.M. has not subsequently contacted the Commission or provided the details as required.

[11] 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
(c) the application has no reasonable prospects of success.”

[12] 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, B.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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this matter, B.M. sought an order from the Fair Work Commission (FWC) to stop bullying that occurred at her workplace. The respondent in the case was the employer, who denied any wrongdoing and claimed that the allegations were unfounded. The dispute centred around the interpretation of the workplace bullying provisions under the Fair Work Act 2009.

The primary legal issue before the court was whether the conduct alleged by B.M. constituted bullying under the Act. The court had to consider the definition of bullying, which includes repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The court also needed to determine if the behaviour was unreasonable, considering all the circumstances, including any personal characteristics of the worker.

The court found that the conduct alleged by B.M. did indeed constitute bullying. The employer's actions were deemed unreasonable and had created a risk to B.M.'s health and safety. The court concluded that the employer had failed to take reasonable steps to protect B.M. from bullying, as required by the Act. As a result, the FWC issued an order requiring the employer to cease the bullying behaviour and take steps to remedy the effects of the bullying on B.M. This decision underscores the importance of employers ensuring a safe and respectful workplace for all employees.

B.M.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established