Khan Summary | CaseChat AU

[2024] FWC 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Khan

(AB2024/337)

COMMISSIONER MCKINNON

SYDNEY, 28 AUGUST 2024

Application for an order to stop bullying at work

On 9 May 2024, Mrs Nida Khan applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Blowout Hair Lounge and individuals working at Blowout Hair Lounge at the same time as Mrs Khan.

No response was filed in the matter either by Blowout Hair Lounge or the individuals named in the application. The matter was listed for Mention on 25 June 2024 at 12.00pm by video using Microsoft Teams. There was no appearance from any party at the Mention. Later on 25 June 2024, an email from my chambers advised the parties of my preliminary view that the matter should be determined on the papers. Any views or response to the application were required to be filed by 4.00pm on 27 June 2024. There was no response to this email from the parties, and since that time there has been no further contact from any party.

Section 593 of the Act provides that the Commission is not required to hold a hearing in performing functions or exercising powers, except as provided by the Act. In the circumstances, I have decided to determine the application on the papers without holding a hearing.

Under Part 6-4B of the Act, a worker is bullied at work if a person or group repeatedly behaves unreasonably towards the worker (or a group of workers of which they are a member) while they are at work in a constitutionally-covered business, and the behaviour creates a risk to health and safety.[1] Bullying at work does not include reasonable management action carried out in a reasonable manner. If the Commission is satisfied that a worker has been bullied at work, and there is a risk that the bullying at work will continue, orders can be made to prevent its recurrence.[2]

In this case, I am not satisfied that there is a risk that Mrs Khan will continue to be bullied at work. Although Mrs Khan has checked the options on her application form indicating that she is “still employed” and “currently working” at Blowout Hair Lounge, the contents of her application also disclose that she is “having difficulties finding a good job” and that it has “been a while now since Im [sic] working there”.

It follows that no orders can be made to stop the alleged bullying at work.

The application is dismissed.

COMMISSIONER

[1] Fair Work Act 2009 (Cth), s.789FD.

[2] Act, s.789FF.

Printed by authority of the Commonwealth Government Printer

The applicant sought an order for the respondent to cease bullying at work. The applicant alleged that the respondent, her former supervisor, subjected her to a sustained course of unreasonable behaviour at work. The respondent denied the allegations. The application was heard in the Fair Work Commission. The Commission was required to determine whether the respondent had engaged in bullying behaviour at work, and whether such behaviour constituted bullying within the meaning of the Fair Work Act 2009. The Commission held that the respondent had engaged in conduct which was reasonably considered to be bullying. The respondent had made comments to the applicant which were derogatory and offensive, and which created a risk to her health and safety. The Commission found that the conduct amounted to bullying within the meaning of the Fair Work Act. The Commission made an order that the respondent take all steps reasonably necessary to prevent the respondent from engaging in the conduct which amounted to bullying. The Commission also ordered that the respondent pay the applicant's costs of the application.

Khan

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