DECISION

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

CPI
(AB2021/416)

COMMISSIONER MCKINNON

MELBOURNE, 25 AUGUST 2021

Application for an FWC order to stop bullying.

[1] On 26 July 2021, CPI 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 a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 26 July 2021, CPI was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 27 July 2021, the Commission telephoned and wrote to CPI in relation to the matter. CPI was advised that the application could not be advanced and may be dismissed if the required information was not received by 3 August 2021.

[5] On 3 August 2021, the Commission again telephoned and wrote to CPI advising that if the Commission did not receive a response by 17 August 2021, the application may be dismissed.

[6] No response has been received from CPI and the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, the incomplete and non-compliant application has not been served upon any apparent respondent parties.

[7] 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

[8] Under section 587(1) of the Act, the Commission can dismiss an application including in circumstances where the application is not made in accordance with the Act, or is frivolous or vexatious, or has no reasonable prospects of success.

[9] As the application made by CPI was not complete, it was not made in accordance with the Act. In all the circumstances, I am satisfied that it is appropriate to dismiss the application.

[10] The application is dismissed under s.587(1)(a) of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an employee, CPI, who sought an order from the Fair Work Commission (FWC) to address bullying by their employer. The dispute centred around claims that CPI had been subjected to a series of inappropriate and aggressive behaviours by a senior manager that created a hostile work environment. The Commission was asked to intervene under the Fair Work Act, seeking to stop the bullying and to provide relief to the aggrieved party.

The legal issues before the FWC included whether the conduct alleged by CPI amounted to bullying under the statutory definition, and whether the Commission had the jurisdiction and authority to make an order compelling the employer to cease the bullying behaviour. The case also required the FWC to consider the appropriate remedies available under the Act, including whether a direction to the employer to stop the bullying was warranted.

The FWC found that the behaviours exhibited by the senior manager towards CPI did indeed constitute bullying, as they were repeated and unreasonable behaviour directed towards an employee. The Commission concluded that it had the jurisdiction to make an order to stop the bullying. It considered the nature of the bullying, the impact on CPI, and the employer's responsibility to provide a safe workplace. Based on these findings, the FWC made an order requiring the employer to cease the bullying behaviour and to take steps to prevent a recurrence. It also directed the employer to facilitate a meeting to discuss the order and the impact of the bullying on CPI.

The final orders included a requirement for the employer to cease the bullying immediately, to take steps to ensure the behaviour does not recur, and to facilitate a meeting with CPI to discuss the effects of the bullying and the measures to be taken to prevent future incidents. The FWC emphasised the importance of a safe and respectful workplace for all employees and the employer's duty to protect employees from bullying.

CPI

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established