Steven
[2023] FWC 1541
•27 JUNE 2023
| [2023] FWC 1541 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC – Application for an order to stop bullying
Preserved s.789FC – Application for an order to stop sexual harassment
Steven
(AB2023/80; SO2023/113)
| COMMISSIONER MCKINNON | SYDNEY, 27 JUNE 2023 |
Applications for orders to stop bullying and sexual harassment at work
On 31 March 2023, Mr Maxwell Steven applied separately for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act) and for orders to stop sexual harassment at work under s.789FC of the Act as preserved by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022. The applications were made in relation to Tiffany & Co. Australia Pty Ltd (Tiffany & Co.) and employees with whom Mr Steven worked with while he was at work in the business.
The matters were listed together for conference on 29 May 2023. Mr Steven did not attend the conference. A jurisdictional issue arose about whether the Commission could make orders in each case, and directions were issued after the conference for the purpose of dealing with the issue. Mr Steven did not file materials in accordance with the Directions and did not attend the Hearing on 27 June 2023.
On the uncontested information before me, Mr Steven is no longer at work in the business of Tiffany & Co. and there is no indication that this is likely to change. In the circumstances, the Commission cannot be satisfied that Mr Steven will continue to be bullied and/or sexually harassed by the employees named in his applications while he is at work in the business of Tiffany & Co. For this reason, the Commission could not make any orders in relation to the applications, with the result that they have no reasonable prospects of success.[1]
The appropriate course is to dismiss the applications under section 587(1) of the Act. The applications are dismissed.
COMMISSIONER
Appearances:
V Tham for the respondent.
Applicant did not attend.
Hearing details:
2023.
Sydney (by video):
June 27.
[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
Printed by authority of the Commonwealth Government Printer
<PR763623>
0
0
0