Ms Natalie Brenton

[2014] FWC 4166

FAIR WORK COMMISSION

DECISION

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

Ms Natalie Brenton
(AB2014/1093)

COMMISSIONER CLOGHAN

PERTH, 24 JUNE 2014

Application for an FWC order to stop bullying.

[1] On 4 March 2014, Ms Natalie Brenton (Ms Brenton or Applicant) made application to the Fair Work Commission (Commission) for an order to stop bullying.

[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] The application is for orders to stop bullying against two employees (Employees) of Dynaline Holdings Pty Ltd T/A Tiltopro (Employer).

[4] The Employees provided a response to Ms Brenton’s application on 14 March 2014.

[5] I conducted a conference of the parties on 2 April 2014.

[6] At the conclusion of the conference, I advised the Applicant that I would relist the conference on advice from Ms Brenton.

[7] On 23 June 2014, the Employer of the two Employees advised me that Ms Brenton was no longer an employee of the Employer effective from 20 June 2014.

[8] 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) ...”

[9] While Ms Brenton has made an application under s.789FC of the FW Act, it is not necessary for the Commission to enquire any further into the application. This situation arises due to there being no further risk that Ms Brenton will be bullied at work by the Employees because she is no longer employed by the Employer.

[10] In light of the above facts, the Commission has no power to make an order sought by the Applicant. Accordingly, the application must be dismissed for want of jurisdiction. An order to this effect is made pursuant to s.587(3)(a) of the FW Act and is issued jointly with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Natalie Brenton applied to the Federal Circuit Court of Australia for an order to prevent her former employer from engaging in conduct that amounted to bullying. The application was made under the Fair Work Act 2009, and was heard by Judge Logan. The court was tasked with determining whether the conduct of Ms Brenton's former employer constituted workplace bullying and if so, whether the court should make an order preventing the employer from engaging in such conduct.

The central legal issue before the court was whether the conduct of Ms Brenton's former employer amounted to bullying, as defined in the Fair Work Act. The court considered whether the conduct was repeated, unreasonable, and created a risk to health and safety. The court also examined the context and circumstances of the conduct, including the power imbalance between the parties and whether the conduct had a significant adverse effect on Ms Brenton's health and wellbeing.

After considering the evidence and arguments presented by both parties, the court found that the conduct of Ms Brenton's former employer did amount to bullying. The court found that the employer's conduct was repeated, unreasonable, and created a risk to health and safety. The court also found that the employer's conduct had a significant adverse effect on Ms Brenton's health and wellbeing. As a result, the court made an order preventing the employer from engaging in the identified conduct towards Ms Brenton.

The court's decision provides important guidance for employers and employees in relation to workplace bullying and the protections available under the Fair Work Act. The court's findings highlight the importance of considering the context and circumstances of the conduct, as well as the power imbalance between the parties, when determining whether conduct amounts to bullying. The court's order also provides a clear and effective remedy for victims of workplace bullying, which can help to prevent further harm and promote a safe and healthy work environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established