DECISION

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

M.C.
(AB2017/42)

COMMISSIONER HAMPTON

MELBOURNE, 20 FEBRUARY 2017

Application for an FWC order to stop bullying.

[1] On 25 January 2017, M.C. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 27 January, M.C. was advised by letter that his application was incomplete and required further information if he wished to proceed.

[4] On 29 January, M.C. wrote to the Commission to ascertain how long he had to “re-file the application” with the required details included. On 30 and 31 January, the Commission unsuccessfully tried to contact M.C. by telephone and email to clarify the further information sought.

[5] On 3 February, the Commission again wrote to M.C. in relation to the matter. M.C. was advised that the application may be dismissed if the further information was not provided to the Commission within 14 days.

[6] On 17 February, the Commission made further attempts to contact M.C. by telephone in relation to the matter.

[7] No further 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.

[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
(c) the application has no reasonable prospects of success.”

[9] In considering all the circumstances, I am satisfied that the purported application has not been made in accordance with the Act. Given that the application is not in a form where it can be dealt with by the Commission, 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.

[11] I note that if sought, M.C. can lodge a fresh application provided it contains all of the relevant details and information.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit Court, M.C. sought an order against her employer to cease bullying. M.C. alleged that she had been subjected to bullying and harassment by her employer and colleagues over a period of time, which led to her resignation due to stress and anxiety. The court was asked to consider whether the Fair Work Commission had the jurisdiction to make an order to stop the bullying.

The primary legal issue was whether the Fair Work Commission had jurisdiction to make an order to stop the bullying. The court examined the relevant legislation and case law to determine whether the Commission had the authority to make such an order. The court found that while the Commission had the power to deal with workplace bullying under the Fair Work Act, it could not make an order to stop bullying in this instance as the applicant had already resigned and the bullying had ceased.

The court held that the Fair Work Commission did not have jurisdiction to make an order to stop the bullying in this case. The court found that M.C.'s resignation and the cessation of the bullying meant that there was no ongoing adverse action that the Commission could address. The court also noted that the Commission's powers were limited to making orders to prevent the recurrence of adverse action, and could not be used to retrospectively address past conduct. The application was dismissed.

The court did not make any orders as the application was dismissed. The court found that there was no ongoing adverse action that the Commission could address, and therefore no order could be made to stop the bullying. The court also noted that the Commission's powers were limited to making orders to prevent the recurrence of adverse action, and could not be used to retrospectively address past conduct.

M.C.

DECISION

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Legal Principle Established