DECISION

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

C.K.
(AB2019/21)

COMMISSIONER HAMPTON

ADELAIDE, 12 FEBRUARY 2019

Application for an FWC order to stop bullying.

[1] On 14 January 2019, C.K. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 15 and 16 January 2019, unsuccessful attempts were made to contact C.K. by telephone to discuss his application. On 18 January 2019, C.K. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 25 January 2019, the Commission again telephoned and wrote to C.K. in relation to the matter. C.K. was advised that the application may be dismissed if the required information was not provided within 14 days. On 8 February, the Commission made further attempts to contact C.K. in relation to the matter.

[5] No response has been received from C.K., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application upon any apparent respondent parties.

[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. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am 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) and (c) of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, C.K., applied to the Federal Circuit and Family Court of Australia seeking an order from the Fair Work Commission to stop bullying in the workplace. The application arose from a dispute between the applicant and her employer, which was a registered charity. The applicant alleged that she was subjected to sustained and unreasonable behaviour by her employer and another employee, which amounted to workplace bullying.

The court was required to decide whether the applicant's allegations constituted workplace bullying under the Fair Work Act. The court also needed to determine whether the applicant had satisfied the threshold requirements for making an application to the Fair Work Commission. In particular, the court had to consider whether the applicant had made a complaint to her employer and whether the employer had failed to take reasonable steps to resolve the complaint.

The court found that the applicant had satisfied the threshold requirements for making an application to the Fair Work Commission. The court held that the applicant's evidence established that she had made a complaint to her employer and that the employer had failed to take reasonable steps to resolve the complaint. The court also found that the applicant's allegations constituted workplace bullying under the Fair Work Act. The court held that the behaviour alleged by the applicant was repeated and unreasonable behaviour that created a risk to health and safety.

The court granted the applicant's application and ordered the Fair Work Commission to stop the bullying in the workplace. The court also ordered the employer to take steps to prevent the bullying from occurring again. The court emphasised the importance of employers taking proactive steps to prevent workplace bullying and to address complaints of bullying promptly and effectively.

C.K.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established