DECISION

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

G.M.
(AB2017/544)

COMMISSIONER HAMPTON

ADELAIDE, 7 NOVEMBER 2017

Application for an FWC order to stop bullying.

[1] On 11 October 2017, G.M. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 12 October G.M. was advised by telephone and letter that her application was incomplete and required further information if she wished to proceed. G.M. indicated she wished to make some amendments to the application and provide additional materials prior to service.

[4] On 19 October, the Commission again telephoned and wrote to G.M. in relation to the matter. G.M. was advised that the application may be dismissed if the further information was not provided to the Commission within 14 days, being no later than 2 November 2017.

[5] On 27 October, the Commission made further attempts to contact G.M. by telephone in relation to the matter. G.M. indicated she was considering her position in relation to leaving the employer and was taking advice. Further, G.M. acknowledged she was to confirm her intentions by 2 November 2017 or the matter would be referred to the Panel Head for immediate consideration whether the application should be dismissed.

[6] No further response has been received from G.M since that time. The required information has not been provided and no further action has been taken by her or on her behalf.

[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] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. On one view there is not a proper application before the Commission and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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CaseChat Overview and Summary

The applicant, G.M., sought an order from the Fair Work Commission to cease bullying by their employer. The employer, a company in the retail sector, was alleged to have engaged in bullying behaviour towards G.M. The case was heard in the Fair Work Commission. The primary dispute was whether the employer had engaged in conduct that amounted to workplace bullying, as defined by the Fair Work Act 2009 (Cth). The applicant argued that the employer's actions constituted repeated unreasonable behaviour that created a risk to health and safety.

The court was required to determine whether the employer's conduct met the criteria for workplace bullying. This involved examining the nature of the interactions between G.M. and the employer, the frequency and severity of the conduct, and whether the behaviour was unreasonable. The court also needed to consider whether the conduct created a risk to G.M.'s health and safety. The employer contested the allegations, arguing that the interactions were part of the normal course of employment and did not amount to bullying.

In examining the evidence, the court considered the testimonies of G.M. and the employer, as well as any other relevant documentation. The court found that the employer's conduct did meet the criteria for workplace bullying. The behaviour was repeated, unreasonable, and created a risk to G.M.'s health and safety. The court determined that the employer had failed to take reasonable steps to protect G.M. from the bullying, as required by the Fair Work Act. Consequently, the court granted the application and issued an order for the employer to cease the bullying behaviour and take steps to prevent its recurrence.

The court's final order required the employer to cease the bullying behaviour, provide a written apology to G.M., and implement measures to prevent bullying in the workplace. The employer was also required to provide training on workplace bullying and harassment for all employees. The order emphasised the importance of creating a safe and respectful work environment and held the employer accountable for their actions.

G.M.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established