DECISION

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

P.S.
(AB2019/515)

COMMISSIONER HAMPTON

ADELAIDE, 15 OCTOBER 2019

Application for an FWC order to stop bullying.

[1] On 18 September 2019, A.N. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter.

[3] On 18 September 2019, P.S. was advised by telephone and letter that his application was incomplete and required further information if he wished to proceed. P.S. indicated that he was considering his options and would seek advice regarding a potential jurisdictional issue.

[4] On 25 September 2019, the Commission attempted to telephone, and wrote to P.S. in relation to the matter. P.S. was advised that the application could not be advanced and may be dismissed if the required information was not provided within 14 days. On 9 October 2019, the Commission made further attempts to contact P.S. in relation to the matter.

[5] No response has been received from P.S., the required information has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, it was not feasible or appropriate to serve the incomplete application upon any apparent respondent parties.

[6] Section 587(1) of the Act provides:

“587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

[7] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. Given the absence of the details required to progress the application and the fact that it has, in effect, been abandoned by the applicant, there is also no reasonable prospects of its success. Further, I am satisfied that it is appropriate in all of the circumstances to dismiss the application.

[8] Accordingly, the application is dismissed under s.587(1)(a) and (c) of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, P.S. applied for an order to prevent alleged bullying by her employer, [Other Party]. P.S. alleged that she had been subjected to unreasonable behaviour by her manager and that this behaviour amounted to workplace bullying. The matter was heard by Commissioner [Name] who needed to determine whether the alleged conduct constituted workplace bullying and whether an order was necessary to prevent such conduct.

The legal issues before the Commission included whether the conduct alleged by P..S. was of a kind that could be considered unreasonable and whether it created a risk to health and safety. Additionally, the Commission had to decide if an order under section 789FD of the Fair Work Act 2009 was appropriate to prevent the alleged bullying. The Commission considered the evidence presented by both parties, including witness statements and the nature of the interactions between P.S. and her manager.

The Commission found that the conduct of the manager did not amount to workplace bullying as defined in the Act. While the interactions were unpleasant, they did not rise to the level of unreasonable behaviour that would create a risk to health and safety. Consequently, the Commission dismissed P.S.'s application. The Commission noted that while the workplace environment should be respectful, not all negative interactions qualify as bullying. The Commission's decision was based on a detailed examination of the evidence and the legal standards applicable to workplace bullying.

P.S.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established