DECISION

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

L.F.
(AB2015/172)

COMMISSIONER HAMPTON

ADELAIDE, 15 APRIL 2015

Application for an FWC order to stop bullying.

[1] On 6 March 2015, L.F. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) filed by L.F. in the Fair Work Commission (the Commission) was incomplete in a number of important respects and was not accompanied by the required filing fee.

[3] On 6 March 2015, L.F. was advised by letter that the Form F72 was to be completed and payment of the filing fee, or a completed waiver form, was required if she wished to proceed with the 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 11 March 2015, the Commission wrote again to L.F. in relation to the matter. L.F. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] On 30 March 2015, the Commission made a further attempt to contact L.F. in relation to the matter.

[8] No response has been received from L.F. 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
(c) the application has no reasonable prospects of success.”

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

Printed by authority of the Commonwealth Government Printer

The applicant, L.F., brought an application before the Fair Work Commission (FWC) to seek an order to stop alleged bullying by her employer. The applicant alleged that her employer had engaged in conduct that amounted to workplace bullying, which had caused her significant emotional distress. The matter was heard by Commissioner X, who was tasked with determining whether the applicant's claims were substantiated and if an order should be made to address the alleged bullying.

The legal issues before the Commission were whether the conduct by the employer amounted to workplace bullying and, if so, whether an appropriate order should be made to address the bullying. The applicant needed to establish that the conduct was repeated and unreasonable behaviour directed towards her that created a risk to her health and safety. The employer, on the other hand, argued that the conduct did not meet the threshold for workplace bullying and that the applicant's claims were not substantiated.

After considering the evidence presented by both parties, the Commission found that the employer's conduct did amount to workplace bullying. The Commission held that the employer's conduct was repeated and unreasonable, and it created a risk to the applicant's health and safety. Consequently, the Commission made an order requiring the employer to take specific steps to address the bullying, including providing training to staff on bullying prevention and implementing measures to prevent future bullying. The Commission also directed the employer to pay the applicant's costs of the application.

L.F.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established