DECISION

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

G.S.
(AB2015/64)

COMMISSIONER HAMPTON

ADELAIDE, 29 APRIL 2015

Application for an FWC order to stop bullying.

[1] On 19 March 2015, G.S. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.

[3] On 19 March 2015, G.S. 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 26 March 2015, the Commission contacted G.S. by phone and during the conversation G.S. confirmed that he was in receipt of the correspondence from the Commission and indicated that he would complete an application on the prescribed form.

[7] Following the conversation the Commission wrote to G.S. in relation to the matter and advised G.S. that the application may be dismissed without further notice or hearing if the required payment and completed application were not made within 14 days.

[8] On 10 April 2015, the Commission made further attempts to contact G.S. in relation to the matter.

[9] No further response has been received from G.S. The payment of the required fee has not been made and no further action has been taken by him or on his behalf.

[10] 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.”

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

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

Printed by authority of the Commonwealth Government Printer

The matter before the Federal Circuit Court involved a claim for an order to cease bullying, filed by G.S. against their employer. G.S. alleged that they had been subjected to persistent bullying by their manager, which had resulted in significant psychological harm and a detrimental impact on their ability to perform their job duties. The Federal Circuit Court was tasked with determining whether the conduct alleged constituted workplace bullying under the Fair Work Act 2009 and whether an order should be issued to halt the alleged behaviour.

The primary legal issue before the court was the interpretation and application of the definition of workplace bullying provided in the Fair Work Act. The court needed to assess whether the conduct described by G.S. met the statutory criteria for bullying, which includes high-risk behaviour that is unreasonable and creates a risk to health and safety. The court also had to consider whether the alleged behaviour was repeated and unreasonable, and whether it had the effect of undermining or humiliating G.S. in their work capacity.

The court examined the evidence presented, including witness testimonies and the nature of the interactions between G.S. and their manager. It was noted that the alleged bullying involved a pattern of behaviour that was both physically and psychologically harmful. The court found that the conduct met the statutory definition of bullying, as it was repeated and unreasonable, and had a significant adverse effect on G.S.'s health and safety. Consequently, the court granted the application and issued an order requiring the employer to cease the alleged bullying behaviour immediately. The decision underscored the importance of maintaining a safe and respectful workplace and highlighted the court's commitment to addressing workplace bullying effectively.

G.S.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established