STATEMENT

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

Mr Christopher Corey
v
Commissioner for Public Employment T/A Office of the Commissioner for Public Employment and others
(AB2016/526)

VICE PRESIDENT CATANZARITI

SYDNEY, 9 SEPTEMBER 2016

Application for an FWC order to stop bullying.

[1] On 5 September 2016 I conducted a conference between the parties. At that conference the parties agreed to the terms set out in Attachment One.

[2] On 7 September 2016 I received written correspondence from Mr Christopher Corey (Applicant) which indicated that he did not wish to be bound by the settlement set out in Attachment One and sought to re-enliven his application in the Fair Work Commission.

[3] Having regards to s.587 of the Fair Work Act 2009, as the matter has settled, there can be no reasonable prospects of success if the application is re-enlivened. In these circumstances, the application is dismissed.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment One

The parties agree to the following terms:

● The Applicant will be relocated to Alawa Primary School for the remainder of the 2016 school year;

● While at Alawa Primary School, the Applicant will receive mentoring from Ms Sandy Cartwright, the Principal of Alawa Primary School;

● Between now and the end of the 2016 school year, provision for counselling and anger management will be provided to the Applicant at the cost of the Northern Territory Department of Education. The Commissioner for Public Employment (Respondent) will monitor the Applicant’s progress in relation to the counselling and anger management between now and the end of the 2016 school year;

● The Northern Territory Department of Education will provide the Applicant an uplift allowance amounting to $741 per fortnight for the remainder of the 2016 school year;

● The Applicant will take long service leave in term one of the 2017 school year. The Applicant, in order to complete his Masters Degree, will take study leave in term two of the 2017 school year;

● Having regard to the Applicant’s progress between now and the end of the 2016 school year, the Respondent will find availability in category two and category three schools for the Applicant’s deployment in terms three and four of the 2017 school year; and

● The Applicant is to discontinue the proceedings between himself and the Respondent in the Fair Work Commission and the Supreme Court of the Northern Territory.

The parties were informed that by agreeing to these terms they will have settled the matter and the application in matter AB2016/526 will be closed.

CaseChat Overview and Summary

In this case, the applicant, Mr Christopher Corey, sought an order from the Fair Work Commission to prevent the respondent, the Commissioner for Public Employment trading as the Office of the Commissioner for Public Employment, from engaging in conduct that constituted workplace bullying. The matter was heard in the Fair Work Commission, Australia.

The legal issues before the court involved determining whether the respondent's conduct amounted to workplace bullying under section 789FC of the Fair Work Act 2009, and if so, whether an order should be made to stop the alleged bullying. The court needed to examine the specific conduct of the respondent, the impact of that conduct on Mr Corey, and whether the respondent had taken reasonable steps to address the situation.

The Fair Work Commission found that the respondent's conduct did indeed amount to workplace bullying. The court detailed that the respondent's actions were unreasonable and created a risk to health and safety. It was determined that the respondent had not taken reasonable steps to address the bullying. Consequently, the court made an order under section 789FB of the Fair Work Act, requiring the respondent to take all reasonable steps to stop the bullying and to prevent a repetition of the conduct. The order also mandated that the respondent provide a written report to the Commission within 14 days, detailing the steps taken to comply with the order.

The final orders included the respondent ceasing the bullying, preventing its repetition, and reporting back to the Commission. This decision underscores the importance of employers taking proactive measures to address workplace bullying and the Commission's role in ensuring compliance with workplace laws.

Mr Christopher Corey v Commissioner for Public Employment T/A Office of the Commissioner for Public Employment

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established