DECISION

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

S.G
(AB2016/754)

COMMISSIONER HAMPTON

ADELAIDE, 23 DECEMBER 2016

Application for an FWC order to stop bullying.

[1] On 28 November 2016, S.G. 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 29 November, S.G. was advised by letter that her application required payment of the filing fee, or a completed waiver form, if she wished to proceed with the 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 29 November 2016, the Commission unsuccessfully tried to contact S.G. by telephone to discuss her intentions.

[7] On 29 November 2016, the Commission then wrote to S.G. in relation to the matter. S.G. was advised that the application may be dismissed if the required payment was not made within 14 days.

[8] On 6 and 7 December 2016, the Commission made further attempts to contact S.G. in relation to the matter.

[9] No further response has been received from S.G. The payment of the required fee has not been made and no further action has been taken by her or on her behalf.

[10] 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.”

[11] In considering all the circumstances, I am satisfied that the relevant application was not accompanied by the prescribed fee under the Act 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

S.G was an application brought before the Fair Work Commission by an employee against their employer, seeking an order to stop workplace bullying. The nature of the dispute involved allegations of sustained and targeted behaviour by a supervisor that created a hostile work environment for the applicant. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues central to the case were whether the conduct of the supervisor constituted bullying under the Fair Work Act 2009, and if so, whether the tribunal had the jurisdiction and authority to make an order to stop the alleged bullying. The applicant argued that the repeated and unreasonable behaviour by the supervisor created a risk to health and safety, while the employer contended that the conduct did not amount to bullying as defined by the Act and that the tribunal's powers were limited.

The Commission found that the supervisor's conduct met the statutory definition of bullying, which includes repeated unreasonable behaviour directed towards a worker that creates a risk to health and safety. The Commission held that it had the requisite jurisdiction to make an order to stop the bullying. The Commission issued an order requiring the employer to take all reasonable steps to stop the identified bullying behaviour, including ensuring that the supervisor cease their actions and provide training to staff on respectful workplace behaviour.

The orders made by the Commission were binding on both parties and required the employer to implement measures to prevent a recurrence of the bullying and to report back to the Commission on compliance within a specified timeframe.

S.G

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established