Ms Natalie Brenton

Ms Natalie Brenton has applied to the Federal Circuit and Family Court of Australia for an order under the Fair Work Act 2009 to address ongoing bullying in her workplace. The application was heard by Judge O'Brien, who was tasked with determining whether the Australian Federal Police (AFP) had engaged in conduct that amounted to workplace bullying under the Act.

The primary legal issue before the court was whether the actions of the AFP constituted workplace bullying, as defined by section 789FC of the Fair Work Act. The court considered various factors, including the nature of the conduct, its frequency, and its impact on Ms Brenton. The court also assessed whether the AFP had taken reasonable steps to address the bullying, as required by the Act.

Judge O'Brien found that the AFP had indeed engaged in conduct that amounted to workplace bullying. The court emphasised that the conduct was of a kind that a reasonable person, having regard to all the circumstances, would regard as bullying. The court also determined that the AFP had not taken reasonable steps to address the bullying, as required by the Act. Consequently, the court made an order under section 789FA of the Fair Work Act, requiring the AFP to take specified steps to address the bullying and to provide a report to the FWC within 28 days.

The court's decision underscores the importance of employers taking proactive measures to prevent and address workplace bullying. The final orders made by the court include a requirement for the AFP to provide training to relevant employees, to review and update their policies and procedures, and to report back to the FWC on the steps taken to address the bullying.