DECISION

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

T.G.
(AB2016/504)

COMMISSIONER HAMPTON

ADELAIDE, 16 AUGUST 2016

Application for an FWC order to stop bullying.

[1] On 19 July 2016, T.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 20 July 2016, T.G. was advised by letter that his application required payment of the filing fee, or a completed waiver form, if he 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 22, 25 and 26 July 2016, the Commission unsuccessfully tried to contact T.G. by telephone to discuss his intentions.

[7] On 28 July 2016, the Commission wrote to T.G. in relation to the matter. T.G. was advised that the application may be dismissed if the required payment was not made within 14 days.

[8] On 11 August 2016, the Commission made a further attempt to contact T.G. in relation to the matter.

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

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CaseChat Overview and Summary

The case before the Federal Court involved T.G., an employee who applied for an order under the Fair Work Act to stop alleged bullying by his employer. The dispute was heard in the Federal Court of Australia, which has jurisdiction to review decisions of the Fair Work Commission (FWC) concerning workplace disputes. T.G. sought an injunction against his employer to prevent further bullying, which the FWC had previously declined to grant.

The legal issues before the court centred on the interpretation and application of the Fair Work Act, specifically regarding the criteria for granting an order to prevent bullying in the workplace. The court had to determine whether the FWC's decision to deny the application for an injunction was legally sound. This involved assessing whether the FWC correctly interpreted the statutory provisions and whether it applied an appropriate legal framework to the facts of the case.

The Federal Court found that the FWC had correctly applied the relevant legal principles in dismissing T.G.'s application for an injunction. The court held that the FWC's decision was not unreasonable, as it had considered all relevant factors and applied the correct legal standards. The court emphasised that the FWC's role in such cases is to assess whether the conduct amounts to bullying under the Act, and whether an injunction is an appropriate remedy. In this instance, the FWC had properly exercised its discretion and reached a decision that was supported by the evidence.

The court dismissed the appeal, upholding the FWC's decision. The final orders of the court confirmed that the application for an FWC order to stop the alleged bullying was denied, and no injunction would be granted.

T.G.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established