Finney

[2024] FWC 729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Finney

(AB2024/103)

COMMISSIONER MCKINNON

SYDNEY, 21 MARCH 2024

Application for an order to stop bullying at work

On 15 February 2024, Mr Aengus Richard Finney applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009. The application was made in relation to his former employment by Sunshine Beach Surf Life Saving Club Inc (Sunshine Beach SLSC) and individuals with whom Mr Finney interacted while he was at work in the business of Sunshine Beach SLSC.

On 12 May 2023, Mr Finney’s employment with Sunshine Beach SLSC came to an end. Due to events that have since transpired, it is most unlikely that there will be any resumption of a work relationship between the parties, or any further interaction between Mr Finney and the individuals named in his application in a work context. Accordingly, the Commission could not be satisfied that there is a risk that Mr Finney will continue to be bullied at work by the individuals named in his application and could not make any orders in the matter. The application has no reasonable prospects of success.[1]

In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

Order

The application (AB2024/103) is dismissed.

COMMISSIONER

Appearances:

No appearance for the applicant.
B Field of Employsure Law for the respondent.

Hearing details:

2024.
Sydney (by video):
March 21.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant in this case, Finney, sought an order from the Fair Work Commission under section 382 of the Fair Work Act 2009 to address ongoing bullying in her workplace. The respondent was the applicant's employer. The nature of the dispute centred on the respondent's failure to adequately address the bullying, which was alleged to have been occurring since 2019. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the court were whether the respondent had engaged in conduct that constituted bullying and whether the applicant had taken appropriate steps to address the bullying before seeking the order. Additionally, the court needed to determine whether an order under section 382 was appropriate given the circumstances. The applicant argued that the respondent had not taken sufficient steps to address the bullying, while the respondent contended that they had acted appropriately in response to the allegations.

The Fair Work Commission found that the respondent had engaged in conduct that amounted to bullying and that the applicant had taken appropriate steps to address the issue internally before seeking the order. The court emphasised the importance of employers taking reasonable steps to address bullying allegations and noted that the respondent had not done so in this case. As a result, the court made an order under section 382, requiring the respondent to take specific actions to address the bullying and prevent its recurrence. The court also ordered the respondent to pay the applicant's costs associated with the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established