DECISION

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

E.B.
(AB2014/1549)

COMMISSIONER HAMPTON

ADELAIDE, 27 JANUARY 2015

Application for an FWC order to stop bullying.

[1] On 19 December 2014, E.B. 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 E.B. in the Fair Work Commission (the Commission) was incomplete in a number of important respects and was not accompanied by the required filing fee.

[3] On 22 December 2014, E.B. was advised by letter that Form F72 was required to be completed and payment of the filing fee, or a completed waiver form, was required if they wished to proceed with their application.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying
...
(3) The application must be accompanied by any fee prescribed by the regulations.
(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.”

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 31 December 2014, the Commission wrote again to E.B. in relation to the matter. E.B. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] No further response has been received from E.B. The payment of the required fee has not been made and no further action has been taken by her or on her behalf.

[8] 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.”

[9] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act and 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.

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

Printed by authority of the Commonwealth Government Printer

In the matter of E.B., the applicant sought an order from the Fair Work Commission (FWC) to halt alleged workplace bullying by a colleague. The dispute arose from the applicant's claims of sustained harassment and intimidation by a fellow employee, which she alleged had a detrimental impact on her mental health and work performance. The FWC was tasked with determining whether the conduct amounted to bullying under the Fair Work Act and whether an order should be made to prevent further incidents.

The primary legal issue before the FWC was to ascertain whether the conduct exhibited by the colleague towards the applicant constituted workplace bullying. This required the FWC to consider the definition of bullying as set out in the legislation, which includes repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. Additionally, the FWC needed to evaluate if the applicant had provided sufficient evidence to support her claims and if the respondent had engaged in such behaviour.

The FWC carefully examined the evidence presented by the applicant, including witness statements and the nature of the interactions between the parties. It was determined that the behaviour exhibited did not meet the threshold for bullying as it was not of a repeated nature. The FWC found that, while the applicant experienced stress and discomfort due to the interactions, the incidents did not constitute bullying under the Fair Work Act. Consequently, the application for an order was dismissed, and no further action was required.

E.B.

DECISION

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