Mr Matthew Benson-Cooper

[2016] FWC 3816

[2016] FWC 3816

FAIR WORK COMMISSION

DECISION

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

Mr Matthew Benson-Cooper
(AB2016/105)

COMMISSIONER CLOGHAN PERTH, 13 JUNE 2016

Application for an FWC order to stop bullying.

[1] On 11 April 2016, Mr Matthew Benson-Cooper (Applicant or Mr Benson-Cooper) made application for an order to stop bullying against Mr Jackson Purcell.

[2] The application for an order to stop bullying is made in accordance with s.789FC(1) of the Fair Work Act 2009 (FW Act).

[3] A conference into the application was held on 16 May 2016.

[4] Mr Purcell denies the alleged bullying behaviour.

[5] Section 789FF of the FW Act relevantly provides:

“(1) If:

(a) a worker has made an application under section 789FC; and

(b) the FWC is satisfied that:

(i) the worker has been bullied at work by an individual or a group of individuals; and

(ii) there is a risk that the worker will continue to be bullied at work by the individual or group;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work by the individual or group.

(2) …”

[6] The Applicant is an apprentice and I was advised at the conference that Mr Benson-Cooper’s employer, Carter Roofing & Slating Pty Ltd (Employer) had made application, pursuant to the Vocational Education and Training Act 1996 (VET Act), to terminate his training contract.

[7] On 23 May 2016, the Employer was advised by the Department of Training and Workforce Development that a decision had been made in accordance with the VET Act and Regulations to terminate the training contract. Accordingly, there is no longer an employment relationship between the Applicant and the Employer and Mr Purcell.

[8] In view of the above circumstances, even if the Commission was satisfied that Mr Benson-Cooper had been bullied at work (which Mr Purcell denies), the conditions in s.789FF(1)(b)(ii) of the FW Act cannot be satisfied. Accordingly, the application, on jurisdictional grounds, must be dismissed. An Order to this effect is attached to this Decision.

COMMISSIONER

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