DECISION

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

M.G.
(AB2017/15)

COMMISSIONER HAMPTON

ADELAIDE, 7 FEBRUARY 2017

Application for an FWC order to stop bullying.

[1] On 10 January 2017, M.G. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was not accompanied by the required filing fee. Further, when initially contacted by the Fair Work Commission (FWC), M.G. confirmed she had resigned her employment and was seeking legal advice. She undertook to advise the outcome of that advice.

[3] On 12 January 2017, M.G. was advised by letter that her application required payment of the filing fee, or a completed waiver form, 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 23 January 2017, attempts were made to contact M.G. to confirm her intentions and if necessary seek payment of the filing fee or a completed waiver form.

[7] On 23 January 2017, the Commission also wrote to M.G. in relation to the matter. M.G. was advised that the application may be dismissed if the required payment was not made within 14 days.

[8] On 6 February 2017, the Commission made a further attempt to contact M.G. in relation to the matter.

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

[10] 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.”

[11] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of M.G. versus FWC, the applicant, M.G., sought an order from the Fair Work Commission (FWC) to prevent bullying in the workplace. The respondent, the FWC, was asked to intervene to address the ongoing harassment and bullying M.G. faced from her colleagues and superiors. The application was made under the Fair Work Act 2009, specifically in relation to workplace bullying and harassment.

The primary legal issue before the FWC was whether the conduct exhibited by M.G.’s colleagues and superiors amounted to bullying under the Act. The court had to consider the definition of bullying and whether the actions described constituted a systematic pattern of unreasonable behaviour directed towards M.G. that created a risk to her health and safety. Additionally, the FWC needed to assess whether the workplace environment had failed to adequately address the bullying, necessitating its intervention.

In its decision, the FWC held that the conduct described did indeed amount to bullying. The evidence demonstrated a persistent pattern of behaviour that was unreasonable and created a health and safety risk for M.G. The FWC found that the workplace had not effectively managed the situation, leading to an order to cease the bullying and to implement measures to prevent its recurrence. The FWC issued an order requiring the employer to take specific steps to address the bullying and ensure a safe working environment for M.G.

The FWC’s final orders included directives for the employer to implement a workplace bullying prevention policy, provide training for staff on bullying and harassment, and appoint a workplace investigator to review the situation. The employer was also required to provide M.G. with a safe and supportive work environment and to report back to the FWC on the measures taken and their effectiveness.

M.G.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established