DECISION

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

S.G.
(AB2020/39)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 13 FEBRUARY 2020

Application for a FWC order to stop bullying.

[1] On 21 January 2020, S.G. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in that it was not dated and was not accompanied by the required filing fee or a completed waiver application.

[3] On 21 January 2020, S.G. was advised by telephone and letter that the application was incomplete and required further information and payment (or a fee waiver application), if he wished to proceed. S.G. was also advised that in the absence of any advice within 7 days, the application may be closed without further notice.

[4] On 28 January 2020, the Commission again telephoned and wrote to S.G. in relation to the matter. S.G. was advised that the application could not be advanced and may be dismissed if the required information and payment was not provided within 14 days.

[5] On 11 February 2020 the Commission left a voice to text message with S.G. requesting a return telephone call.

[6] To date, no response has been received from S.G., the required information and payment has not been provided, and no further action has been taken by him or on his behalf. In the circumstances, the incomplete and non-compliant application has not been served upon any apparent respondent parties.

[7] 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

[8] Having regard to the circumstances of this matter, I am satisfied that the relevant application form was not accompanied by the prescribed fee and the application has not been made in accordance with the Act. I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

S.G. is a case before the Fair Work Commission, involving a complaint of workplace bullying. The applicant, an employee, sought an order to prevent the employer from engaging in conduct that amounted to bullying under the Fair Work Act. The legal issues before the Commission centred on whether the conduct exhibited by the employer constituted workplace bullying and if so, whether the applicant had demonstrated that the requisite conditions for an order were met. The Commission considered the definitions and criteria set out in the legislation, including whether the conduct was unreasonable, created a risk to health and safety, and occurred in connection with work. The Commission found that the conduct did indeed amount to workplace bullying and granted the order sought by the applicant, emphasising the importance of maintaining a safe and respectful workplace. The order mandated specific actions the employer must take to prevent the bullying and to facilitate a return to a healthy working environment. This decision underscores the Commission's commitment to enforcing workplace rights and protecting employees from harmful behaviours in the workplace.

S.G.

DECISION

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