DECISION

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

R.M.
(AB2016/35)

COMMISSIONER HAMPTON

ADELAIDE, 1 APRIL 2016

Application for an FWC order to stop bullying.

[1] On 11 February 2016, R.M. made an application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

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

[3] On 12 February 2016, R.M. was advised by letter that the 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
(c) the circumstances in which all or part of the fee may be waived or refunded.”

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

[6] On 12 February, the Commission received correspondence from R.M that indicated she had now resigned her employment at the relevant workplace.

[7] On 19 February 2016, the Commission wrote again to R.M. in relation to the matter. R.M. was advised that the Commission may not ultimately have jurisdiction to make orders in the application given her recent resignation and that she should seek urgent independent advice about that issue. Furthermore R.M was advised that the application may be dismissed without further notice or hearing if the required payment (or fee waiver application) was not made within 14 days.

[8] No further response has been received from R.M. and the payment of the required fee has not been made. No further action has been taken by her or on her 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
(c) the application has no reasonable prospects of success.”

[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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of R.M., the applicant, the Federal Court of Australia was presented with an application for an order to be made by the Fair Work Commission to halt bullying in the workplace. The applicant sought relief against her former employer, who she alleged had engaged in persistent and unreasonable behaviour that amounted to bullying, causing her significant distress and impacting her health.

The court was tasked with determining whether the applicant had sufficiently demonstrated that the conduct in question constituted bullying within the meaning of the Fair Work Act 2009 (Cth). The applicant argued that the employer's conduct, which included verbal abuse, unreasonable work demands, and exclusion from team activities, met the criteria for workplace bullying. The employer, on the other hand, contended that the behaviour was part of normal workplace interactions and did not rise to the level of bullying.

The court examined the evidence and the definitions provided in the Fair Work Act, focusing on the nature and frequency of the alleged bullying. It considered whether the conduct was unreasonable and created a risk to health and safety, as required by the legislation. The court found that the applicant had established that the employer's conduct was unreasonable and had created a risk to her health and safety, thereby constituting bullying. Consequently, the court upheld the application and ordered the Fair Work Commission to issue an order prohibiting the employer from engaging in the identified bullying conduct towards the applicant.

R.M.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established