Ms Tania Malkin

[2016] FWC 4596

[2016] FWC 4596

FAIR WORK COMMISSION

DECISION

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

Ms Tania Malkin
(AB2016/435)

COMMISSIONER CLOGHAN PERTH, 8 JULY 2016

Application for an FWC order to stop bullying.

[1] On 30 May 2016, Ms Tania Malkin (Ms Malkin 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 Yawoorroong Miriuwung Gajerrong Yirrgeb Noong Dawang Aboriginal Corporation T/A MG Corporation (Employer).

[4] The Employees provided a response to Ms Malkin’s application on 17 June 2016.

[5] On 4 July 2016, the Employer’s representative advised me that Ms Malkin was no longer an employee of the Employer.

[6] 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) ...”

[7] While Ms Malkin 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 Malkin will be bullied at work by the Employees because she is no longer employed by the Employer.

[8] 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

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