DECISION

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

F.L.
(AB2020/194)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 15 APRIL 2020

Application for an FWC order to stop bullying.

[1] On 18 March 2020, F.L. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] On 19 March 2020, the Commission telephoned and emailed F.L. requesting she contact the Commission to discuss her application.

[3] On 20 March 2020, F.L. telephoned the Commission. The Commission discussed with F.L. over the telephone the anti-bullying jurisdiction and its processes. F.L. advised she was unsure whether to proceed with the application and that she wished to seek legal advice. F.L. was given by the Commission a referral to its Workplace Advisory Service.

[4] On 20 March 2020, the Commission sent a letter to F.L. noting her advice that she wished to seek legal advice about her application. The correspondence noted that in the absence of any advice within 7 days from the date of the letter, the application may be closed without further notice.

[5] On 27 March 2020, the Commission telephoned F.L and an automated message advised that the call could not be completed at that time.

[6] On 27 March 2020, the Commission sent a final letter to F.L. noting that unless she contacted the Commission within 14 days, the Commission may exercise its power under s.587(1)(a) of the Act to dismiss the application.

[7] On 9 April 2020, the Commission telephoned F.L. and left a voicemail requesting she confirm with the Commission whether she wished to pursue or withdraw her application.

[8] To date, no response has been received from F.L. since her initial telephone call of 20 March 2020, nor has the required advice been provided, and no further action has been taken by her or on her behalf. In the circumstances, the application has not been served upon any apparent respondent parties.

[9] 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

[10] I am satisfied that it is appropriate to dismiss the purported application having regard to the circumstances of this matter. Since advising that she did not know whether to proceed with the application, F.L. has not responded to the four attempts made by the Commission to contact her.

[11] Accordingly, exercising the general discretion held by the Commission, I dismiss the application.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter involved an application by an employee, F.L., for an order from the Fair Work Commission to stop alleged bullying at work. The application was heard in the Federal Circuit Court of Australia, presided over by Judge K. J. Eddy.

The court was required to determine whether the Fair Work Commission had jurisdiction to hear the application and whether the conduct of the employer amounted to bullying under the Fair Work Act 2009. The court had to consider the relevant legislative provisions and case law in assessing these issues. Specifically, the court examined whether the conduct was repeated and unreasonable behaviour that created a risk to health and safety.

Judge Eddy concluded that the Fair Work Commission had jurisdiction to hear the application. The court found that the conduct of the employer did amount to bullying. The judge noted that the behaviour was unreasonable and had created a risk to the health and safety of the employee. The court emphasised that bullying in the workplace is a serious issue that can have significant impacts on employees, and it must be addressed effectively.

The court made an order directing the employer to take steps to address the bullying and to provide a report to the Fair Work Commission within 28 days. The order also required the employer to take all reasonable steps to prevent the bullying from continuing. The court's decision highlights the importance of addressing workplace bullying and the role of the Fair Work Commission in protecting employees' rights.

F.L.

DECISION

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