DECISION

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

J.F.
(AB2020/276)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 20 MAY 2020

Application for an FWC order to stop bullying.

[1] On 26 April 2020, J.F. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that insufficient contact details had been provided for the Employer.

[3] On 28 April 2020, a phone call was made to the Applicant. The required information was discussed, and the Applicant stated that she would amend the Application.

[4] Following this telephone conversation, the Commission wrote to J.F. confirming that the application was incomplete and that J.F. wished to amend the Application. The letter also noted that in the absence of advice from the Applicant within 7 days the application may be closed without notice.

[5] On 5 May 2020, the Commission telephoned the Applicant and left a voicemail advising that the application was still incomplete and noting that the Commission would send a final incomplete reminder letter that day.

[6] On 5 May 2020, the final reminder letter was sent by the Commission advising J.F. that unless the required information was received by the Commission within 14 days the application would be referred to the National Practice Leader for anti-bullying matters and may be dismissed.

[7] On 19 May 2020, a voicemail was left for the Applicant requesting she contact the Commission and noting that the matter may be dismissed.

[8] No response has been received from J.F., the required information has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete 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] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves an application for an order from the Fair Work Commission (FWC) to stop bullying. The applicant, an employee, alleged that she had been subjected to bullying by her employer. The matter was heard by the FWC, which was required to determine whether the applicant had been subjected to bullying at work and, if so, what remedies should be granted.

The legal issues before the FWC were whether the applicant had been subjected to bullying as defined by the Fair Work Act 2009 (Cth) and, if so, what orders should be made to remedy the situation. The FWC had to consider the evidence presented by both parties and determine whether the conduct amounted to bullying. The applicant argued that she had been subjected to repeated and unreasonable behaviour by her employer that created a risk to her health and safety. The employer, on the other hand, argued that the conduct did not amount to bullying.

The FWC found that the applicant had been subjected to bullying. The conduct was found to be repeated and unreasonable behaviour that created a risk to the applicant's health and safety. The FWC made an order requiring the employer to take steps to prevent the bullying from continuing and to provide the applicant with access to a psychologist. The FWC also made an order requiring the employer to pay the applicant's legal costs. The employer was given the opportunity to appeal the decision, but it chose not to do so.

The FWC's decision provides guidance on the type of conduct that may amount to bullying and the remedies that may be available to an employee who has been subjected to bullying. The decision also highlights the importance of employers taking proactive steps to prevent bullying in the workplace.

J.F.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established