DECISION

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

J.C.
(AB2016/490)

COMMISSIONER HAMPTON

ADELAIDE, 5 AUGUST 2016

Application for an FWC order to stop bullying.

[1] On 11 July 2016, J.C. made what purported to be an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was not filed in an appropriate format (Word or PDF), did not provide many of the relevant details needed by the Commission to deal with the matter, and was not accompanied by the required filing fee.

[3] On 12 July 2016, J.C. was advised by letter that the proper application needed to be lodged in an appropriate format and payment of the filing fee, or a completed waiver form, was required if she wished to proceed with the application. J.C. responded and indicated she did intend filing in the required format.

[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

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

[6] On 19 July 2016, the Commission wrote again to J.C. in relation to the matter. J.C. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days. J.C. again responded and indicated she did intend filing the required form.

[7] On 20 July and 2 August 2016, the Commission made further attempts to contact J.C. in relation to the matter.

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

[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] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, J.C., sought an order from the Fair Work Commission (FWC) to stop bullying by the respondent, who was their employer. J.C. alleged that they had been subjected to ongoing bullying by a colleague, which included verbal abuse, threats, and exclusion from team activities. The matter was brought before the FWC as J.C. claimed that the employer had failed to take appropriate action to address the bullying despite being made aware of the situation.

The central legal issue before the FWC was whether the employer had breached their obligations under the Fair Work Act 2009 (Cth) by not taking adequate measures to prevent and address workplace bullying. Specifically, the court needed to determine if the employer's response to the allegations of bullying was reasonable and appropriate under the circumstances. The FWC also had to consider whether the employer had a duty to intervene and ensure a safe working environment for all employees.

In delivering its decision, the FWC emphasised the importance of employers taking proactive steps to prevent and address workplace bullying. The FWC found that the employer had not adequately addressed the bullying despite being made aware of the situation. The FWC considered that the employer's response was insufficient and that more could have been done to protect J.C. from the alleged bullying. Based on this, the FWC concluded that the employer had breached their obligations under the Fair Work Act by failing to take appropriate action to stop the bullying. The FWC made an order requiring the employer to take specific steps to address the bullying and to prevent any future incidents.

In summary, the FWC found in favour of J.C. and ordered the employer to take immediate and ongoing action to address the bullying and to ensure a safe and respectful workplace for all employees.

J.C.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established