M.S.
[2024] FWC 1324
•21 MAY 2024
| [2024] FWC 1324 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
M.S.
(AB2024/113)
| COMMISSIONER MCKINNON | SYDNEY, 21 MAY 2024 |
Application for an order to stop bullying at work
On 20 February 2024, an employee of Donut King in Strathpine, Queensland, applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act).
Section 789FC(1) of the Act provides as follows:
“(1)A worker who reasonably believes that he or she has been bullied at work may apply to the FWC for an order under section 789FF.”
Section 789FF permits the Commission, on application, to make orders to stop bullying at work.
The application does not disclose any reasonable belief held on the part of the employee that she has been bullied at work for the purposes of section 789FC. I raised this concern with the parties and provided an opportunity for the employee to obtain legal advice. The employee subsequently confirmed that she did not hold any such reasonable belief and I so find.
Under section 587(1) of the Act, the Commission may dismiss an application if it is not made in accordance with the Act, or it is frivolous or vexatious, or it has no reasonable prospects of success. In this case, the employee is not eligible to apply for orders to stop bullying at work. Accordingly, the appropriate course is to dismiss the application because it is not made in accordance with the Act.
The application is dismissed under s.587(1)(a) of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<PR775183>
0
0
0