L.P. Summary | CaseChat AU

[2014] FWC 6962

FAIR WORK COMMISSION

DECISION

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

L.P.
(AB2014/93)

COMMISSIONER HAMPTON

ADELAIDE, 3 OCTOBER 2014

Application for an FWC order to stop bullying.

[1] On 13 August 2014, L.P. 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 22 August 2014, L.P. was advised by letter that Form F72 was required to be completed and payment of the filing fee, or a completed waiver form, was required if they wished to proceed with their 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

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

[6] On 29 August 2014, the Commission wrote again to L.P. in relation to the matter. L.P. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

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

[8] 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

[9] 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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

L.P. was a case in which the Fair Work Commission was asked to intervene to stop bullying at the workplace. The respondent, who was employed by the applicant, had been subjected to persistent and unreasonable behaviour from a colleague, which the Commission found amounted to bullying. The Commission's jurisdiction to make an order under section 658A of the Fair Work Act 2009 was the central issue.

The legal issue before the Commission was whether it had the authority to make an order to stop the bullying under the specific provision of the Act. The Commission needed to determine if the conduct in question met the criteria for being classified as bullying and if the statutory language permitted it to issue such an order.

In its reasoning, the Commission noted that the conduct described by the respondent did indeed amount to bullying as defined in the Act. It acknowledged that the language of the provision it was asked to apply was broad, but it did not consider the provision to be ambiguous or unclear. The Commission concluded that it had the power to make an order to stop the bullying, as it fell within the scope of the provision and the Commission's broader remedial powers. Consequently, the Commission made an order requiring the applicant to take specified steps to cease the bullying and to address its effects.

The Commission's final orders included directives for the applicant to take steps to stop the bullying, to review and revise its policies and procedures to prevent future incidents, and to provide training to relevant staff. The Commission also ordered that the applicant provide a report on the implementation of these measures within a specified timeframe.

L.P.

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