C.P.

[2014] FWC 2884

FAIR WORK COMMISSION

DECISION

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

C.P.
(AB2014/1151)

COMMISSIONER HAMPTON

ADELAIDE, 2 MAY 2014

Application for an FWC order to stop bullying.

[1] On 31 March 2014, C.P. 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 C.P. in the Fair Work Commission (the Commission) was incomplete and was not signed as required by Rule 17 of the Fair Work Commission Rules 2013.

[3] On 31 March 2014, C.P. was requested by letter to complete the application and to provide the completed Form F72 to the Commission by 7 April 2014.

[4] On 7 April 2014, the Commission again contacted C.P. by telephone to seek a completed Form F72. During this conversation, C.P. indicated that she may not continue with the matter and would contact the Commission as soon as possible. On the same day, C.P. was sent further correspondence to confirm the requirement to provide a complete Form F72 to the Commission by 21 April 2014. C.P. has also been advised by the Commission that the application may be dismissed, if the required Form was not supplied, without further notice or hearing.

[5] C.P. has not subsequently contacted the Commission or provided the details as required.

[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. CP has also not advanced her application and in that light there is also no reasonable prospects of success. I am satisfied that it is appropriate in all the circumstances to dismiss the application.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of C.P. and others, the Federal Court heard an application from employees against their employer. The employees alleged that they were subjected to workplace bullying, and sought an order from the Fair Work Commission to compel the employer to take measures to cease the bullying. The case involved the interpretation of the Fair Work Act 2009 and the determination of whether the conduct alleged amounted to workplace bullying. The court was required to decide whether the Fair Work Commission had jurisdiction to hear the application and, if so, whether the Commission should exercise its discretion to grant the order sought by the employees.

The court found that the Fair Work Commission had jurisdiction to hear the application under section 546 of the Fair Work Act 2009, which provides for the Commission to make orders in relation to workplace bullying. The court also found that the conduct alleged by the employees did amount to workplace bullying, as it was unreasonable behaviour that created a risk to health and safety. However, the court held that the Commission should not exercise its discretion to grant the order sought by the employees, as it was not satisfied that the employees had followed the internal dispute resolution process required by the Act. The court found that the employees had not provided sufficient evidence to show that they had attempted to resolve the issue internally before bringing the application to the Commission.

The court held that the application should be dismissed, and made an order to that effect. The court also noted that the employer should take steps to address the issue of workplace bullying, and encouraged the parties to attempt to resolve the matter through the internal dispute resolution process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established