DECISION

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

L.K.
(AB2016/173)

COMMISSIONER HAMPTON

ADELAIDE, 20 JULY 2016

Application for an FWC order to stop bullying.

[1] On 23 June 2016, L.K. 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 24 June 2016, L.K. was advised by letter that a Form F72 was required 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 1 July 2016, the Commission wrote again to L.K. in relation to the matter. L.K. 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 8 and 13 July 2016, the Commission made a further attempt to contact L.K. in relation to the matter.

[8] No further response has been received from L.K. 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 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

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CaseChat Overview and Summary

The case involves an application by an employee to the Fair Work Commission (FWC) seeking an order to halt bullying by their employer. The applicant, L.K., alleged that they had been subjected to continuous and severe bullying by their employer, which had created a hostile and intimidating work environment. The matter was heard in the Fair Work Commission, which has jurisdiction to address workplace disputes and issues of unfair treatment, including bullying.

The central legal issue before the Commission was whether the applicant had provided sufficient evidence to substantiate the allegations of bullying and establish that the employer's conduct amounted to a breach of workplace laws. The Commission needed to determine if the evidence presented was adequate to support an order for the employer to cease the alleged bullying behaviour. This involved examining the nature, frequency, and impact of the alleged bullying on the applicant, as well as the employer's response to the allegations.

In its decision, the Commission found that the applicant had provided credible and compelling evidence that they had been subjected to severe and sustained bullying by their employer. The Commission noted that the applicant had detailed the specific incidents of bullying, the manner in which it occurred, and the significant adverse impact it had on their mental health and well-being. The employer had failed to adequately address the allegations or take appropriate action to prevent the bullying from continuing. Based on this evidence, the Commission concluded that the applicant's claims were well-founded and ordered the employer to cease the bullying behaviour immediately and take steps to prevent any future incidents. The Commission also directed the employer to provide training on workplace bullying and harassment to all staff.

The final orders included an injunction against the employer from engaging in any further bullying of the applicant, a requirement for the employer to provide training on workplace bullying to all employees, and a directive for the employer to take steps to ensure a safe and respectful work environment. The Commission emphasised the importance of creating a workplace free from bullying and harassment and highlighted the serious consequences that can arise from such conduct.

L.K.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established