DECISION

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

M.C.
(AB2019/522)

COMMISSIONER HAMPTON

ADELAIDE, 15 OCTOBER 2019

Application for an FWC order to stop bullying.

[1] On 19 September 2019, M.C. 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.

[3] Further, on 19 September 2019, M.C. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed.

[4] On 26 September 2019, the Commission again attempted to telephone and wrote to M.C. in relation to the matter. M.C. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 10 October 2019, the Commission made further attempts to contact M.C. in relation to the matter.

[5] No response has been received from M.C., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application upon any apparent respondent parties.

[6] 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

[7] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

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CaseChat Overview and Summary

M.C. applied to the Fair Work Commission for an order to stop bullying in the workplace. The application arose from an ongoing dispute with their employer, which was not named in the documents. The nature of the dispute centred around allegations of bullying and harassment by the employer towards M.C., which M.C. claimed had created an unsafe and hostile work environment.

The legal issues before the court involved interpreting the relevant provisions of the Fair Work Act 2009 and determining whether the conduct alleged by M.C. constituted bullying under the legislation. The court needed to assess whether the alleged actions were repeated and unreasonable behaviour directed towards M.C. that created a risk to their health and safety. The court also had to consider whether there were any mitigating factors or reasonable management actions that might have been taken by the employer.

In reaching its decision, the court examined the evidence provided by both parties and considered the definitions and criteria for bullying as outlined in the Fair Work Act. The court found that the conduct alleged by M.C. did indeed constitute bullying, as it was unreasonable and created a risk to M.C.'s health and safety. The court further determined that the employer had not taken reasonable steps to address the situation, thus warranting an order to cease the bullying. The court issued an order requiring the employer to take specific actions to prevent the recurrence of the bullying and to ensure a safe working environment for M.C.

M.C.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established