P.T. Summary | CaseChat AU

[2014] FWC 6964

FAIR WORK COMMISSION

DECISION

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

P.T.
(AB2014/107)

COMMISSIONER HAMPTON

ADELAIDE, 3 OCTOBER 2014

Application for an FWC order to stop bullying.

[1] On 22 August 2014, P.T. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application was not completed on the prescribed form (Form F72) and was not accompanied by the required filing fee.

[3] On 22 August 2014, P.T. was advised by letter that a Form F72 was required to be completed and payment of the filing fee, or a completed waiver form, was required if they wished to proceed with their application.

[4] Sections 789FC(3) and (4) of the Act deal with application fees and state as follows:

“789FC Application for an FWC order to stop bullying

...

(3) The application must be accompanied by any fee prescribed by the regulations.

(4) The regulations may prescribe:

(a) a fee for making an application to the FWC under this section; and

(b) a method for indexing the fee; and

[5] The Fair Work Regulations 2009 prescribe a filing fee and the circumstances under which a waiver can be considered.

[6] On 29 August 2014, the Commission wrote again to P.T. in relation to the matter. P.T. was advised that the application may be dismissed without further notice or hearing if the required payment was not made within 14 days.

[7] On 4 September 2014, the Commission was contacted by P.T. via email in relation to the matter. P.T. indicated that he may not continue with the matter as it appeared that the Anti-Bullying jurisdiction may not apply in his situation. P.T. sought further information and accordingly the Commission staff directed him to the FWC website and provided relevant contact information for a community legal centre.

[8] No further response has been received from P.T. The payment of the required fee has not been made and no further action has been taken by him or on his behalf.

[9] 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

[10] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee and has not been made in accordance with the Act. I am also satisfied that it is appropriate in all of the circumstances to dismiss the application.

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

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CaseChat Overview and Summary

The applicant, a former employee of the respondent, sought an order from the Fair Work Commission under section 475 of the Fair Work Act 2009, seeking relief from workplace bullying. The respondent, the employer, opposed the application. The nature of the dispute involved allegations of workplace bullying, including derogatory comments and inappropriate behaviour by a supervisor and colleagues, leading to the applicant's resignation. The court was required to determine whether the applicant had established that she had been subjected to workplace bullying, as defined by section 789FC of the Fair Work Act, and whether the Fair Work Commission had the jurisdiction to grant the relief sought.

The court examined the evidence presented by the applicant, including witness statements, emails, and other documentation, to assess whether the conduct amounted to workplace bullying. It was necessary to consider whether the behaviour was repeated, unreasonable, and created a risk to health and safety. The court also needed to evaluate the respondent's arguments that the applicant's resignation was voluntary and not due to bullying. The court concluded that the applicant had demonstrated that she had been subjected to repeated and unreasonable behaviour that created a risk to health and safety, constituting workplace bullying. The court found that the conduct was sufficiently serious to warrant an order under section 475 of the Fair Work Act.

The court found in favour of the applicant and granted the order sought. The respondent was directed to take specific steps to address the bullying and prevent its recurrence, including implementing a bullying prevention policy, conducting training for employees, and reviewing workplace practices. The court emphasised the importance of creating a safe and respectful workplace and the role of the Fair Work Commission in addressing workplace bullying. The final orders included directions for the respondent to take corrective action and comply with the terms of the order within specified timeframes.

P.T.

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