Mr Michael John Brenton
[2023] FWC 660
•20 MARCH 2023
| [2023] FWC 660 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Mr Michael John Brenton
(SO2023/5)
| COMMISSIONER P RYAN | SYDNEY, 20 MARCH 2023 |
Application for an order to stop bullying at work – no longer required to attend the work sites – no reasonable prospects of success – application dismissed
Mr Michael Brenton (Applicant) has made an application for an order to stop bullying. The Employer/Principal named in the application is Hansen Yuncken Pty Ltd (Respondent), with whom the Applicant had entered into a number of subcontracts to perform plumbing services through his company M.J.B Waterways Plant Hire T/A MB Plumbing Group (MB Plumbing).
By the application, the Applicant alleges he was bullied by Mr Matthew Stanley and Mr Dean Marcon (Named Persons), who are employed by the Respondent.
The Respondent objected to the application on that basis that there is no risk that the Applicant will continue to be bullied at work. The basis for the Respondent’s objection was that the subcontract between the Respondent and MB Plumbing for work on the TTI Site has been terminated and there was no requirement for the Applicant to attend that site.
The Applicant agreed that the contract for the TTI Site was terminated and that there was no requirement for him to attend that site. However, the Applicant submitted that there were other subcontracts on foot between MB Plumbing and the Respondent in relation to sites referred to by the parties as ‘Lot 201 Horsley Park’ and ‘Lot 202 Horsley Park’. The Applicant submitted that while MB Plumbing had completed its work at those sites, that work remained subject to a defect liability period. The Applicant submitted that if MB Plumbing was required to rectify defects at either site during the defect liability period then he would be required to attend the sites and therefore, there was a risk that he would continue to be bullied at work.
The Commission conducted conferences with the parties on 7 and 17 February 2023.
On 27 February 2023, the Respondent wrote to the Applicant and advised that in accordance with the terms and conditions of the subcontracts, if any defects arose in relation to Lot 201 Horsley Park and Lot 202 Horsley Park, it would engage other persons to carry out and complete those works and that there was no requirement for the Applicant to attend those sites.
A further conference before the Commission was listed at 9:00am on 2 March 2023. There was no appearance by the Applicant or anyone on his behalf.
Following the conference, my Chambers wrote to the Applicant informing him that having considered the Respondent’s correspondence dated 27 February 2023, it was my provisional view that the application did not have any reasonable prospects of success because there was no risk that the Applicant would continue to be bullied at work. I provided the Applicant with an opportunity to provide any submissions in response to my provisional view and directed him to provide an explanation for his non-attendance by 4:00pm on Monday 6 March 2023.
The Applicant has not provided any response.
Accordingly, I confirm my provisional view that there is no risk that the Applicant will continue to be bullied at work. It follows that the application has no reasonable prospects of success.[1]
The application is dismissed pursuant to s.587(1) of the FW Act.
COMMISSIONER
[1] Shaw v Australia and New Zealand Banking Group Limited T/A ANZ Bank; Bianca Haines[2014] FWC 3408 at [15]-[17]; Application by G.C [2014] FWC 6988 at [165]-[166]; Jeffrey Lyndon Piefke v Rio Tinto Aluminium Limited and Others [2022] FWCFB 140 at [14]-[17].
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