DECISION

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

M.R.
(AB2017/640)

COMMISSIONER HAMPTON

ADELAIDE, 4 JANUARY 2018

Application for an FWC order to stop bullying.

[1] On 30 November 2017, M.R. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] The application form (Form F72) filed by M.R. in the Fair Work Commission (the Commission) was not accompanied by the required filing fee.

[3] 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

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

[5] On 4 December 2017, M.R. was advised by telephone and letter, that her application required payment of the filing fee, or a completed waiver form, if she wished to proceed with the application. M.R. contacted the Commission and indicated that she was considering her position and may not proceed with the application.

[6] On 11 December 2017, the Commission telephoned and wrote to M.R. in relation to the matter. M.R. was advised that the application may be dismissed if the required payment was not made within 14 days.

[7] On 19 December 2017, M.R. contacted the Commission and again indicated that she was still considering her position and may not proceed with the application. M.R. was further reminded of the need to progress the payment or waiver by the nominated date if she wished to proceed with the application.

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

[9] 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

[10] 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. On one view there is not a proper application before the Commission and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, M.R. applied for an order against her employer to cease bullying. The applicant alleged that her employer had subjected her to unreasonable behaviour that created a risk to her health and safety. The matter was heard and determined by the Commission's Deputy President, J.S.

The primary legal issue before the Commission was whether the behaviour of the employer towards the applicant constituted workplace bullying under the Fair Work Act. The Commission considered whether the behaviour was unreasonable, created a risk to health and safety, and occurred in connection with work. The Commission also assessed whether the behaviour was repeated or a single incident.

After hearing evidence and submissions from both parties, the Commission found that the employer's conduct towards the applicant constituted bullying. The Commission noted that the employer's behaviour was unreasonable, created a risk to the applicant's health and safety, and occurred in connection with the applicant's work. The Commission further found that the behaviour was repeated over a period of time, rather than a single incident. As a result, the Commission made an order requiring the employer to cease the bullying behaviour and to take steps to prevent a recurrence.

The Commission ordered the employer to take specific steps to address the bullying, including providing training to relevant employees, reviewing workplace policies, and implementing a system for monitoring and reporting incidents of bullying. The employer was also ordered to pay the applicant's costs of the application.

M.R.

DECISION

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Legal Principle Established