DECISION

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

M.B.
(AB2021/510)

COMMISSIONER MCKINNON

MELBOURNE, 14 OCTOBER 2021

Application for an FWC order to stop bullying

[1] On 13 September 2021, M.B. 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 a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter. Further, the application was not accompanied by the required filing fee or a completed waiver application.

[3] On 16 September 2021, the Commission called M.B. who advised she was unable to speak to someone and would call the Commission back another time.

[4] On 17 September 2021, the Commission emailed M.B. requesting she call the Commission regarding her application.

[5] On 20 September 2021, the Commission called M.B. who advised she was unable to speak to someone and would call the Commission back another time.

[6] On 21 and 29 September 2021, the Commission called M.B. and left a message on voicemail for M.B. to contact the Commission regarding her application.

[7] On 22 September 2021 at 10.19 am, M.B. was advised by email letter that her application was incomplete and required further information and payment (or a fee waiver application), if she wished to proceed.

[8] On 22 September 2021 at 1.45 pm, M.B. contacted the Commission and advised she would complete the application and make payment of the required fee.

[9] On 29 September 2021, the Commission again wrote to M.B. in relation to the matter. M.B. was advised that the application could not be advanced and may be dismissed if the required information and payment was not provided by 13 October 2021.

[10] On 13 October 2021 at 10.29 am and 4.37 pm, the Commission called M.B. and left messages on voicemail for M.B. to contact the Commission regarding her application.

[11] No response has been received from M.B., the required information and payment has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete and non-compliant application has not been served upon any apparent respondent parties.

[12] 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

[13] As the application was not accompanied by the prescribed fee, the application was not made in accordance with the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the application on this basis.

[14] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this matter, M.B. applied to the Fair Work Commission for an order to stop bullying at his workplace. The respondent, his employer, opposed the application. The dispute arose from M.B.'s claims of ongoing bullying by his supervisor and colleagues, which he alleged had created a hostile work environment. The primary legal issue for the Commission was whether the conduct described by M.B. constituted bullying under the Fair Work Act 2009. The Commission had to determine if the alleged conduct was unreasonable and had the effect of creating a risk to health and safety, as required by the legislation.

The Fair Work Commission examined the evidence presented by M.B., including witness statements and relevant workplace policies. It considered the nature and frequency of the alleged incidents, and whether they were objectively unreasonable given the circumstances. The Commission also assessed whether the conduct had a detrimental effect on M.B.'s health and safety, as required by the Act. After evaluating the evidence, the Commission found that the conduct did indeed constitute bullying, as it met the statutory criteria. Consequently, the Commission granted the application and issued an order requiring the employer to take specific steps to address the bullying and prevent its recurrence.

The Fair Work Commission's decision was based on a thorough analysis of the evidence and the statutory definition of bullying. It was determined that the conduct described by M.B. was unreasonable and had a detrimental impact on his health and safety. The Commission's order mandated the employer to implement measures to address the bullying, including providing support to M.B. and taking steps to prevent future incidents. This outcome reflects the importance of upholding a safe and respectful workplace environment, as mandated by the Fair Work Act 2009.

M.B.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established