DECISION

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

T.S.
(AB2020/87)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 11 MARCH 2020

Application for an FWC order to stop bullying.

[1] On 6 February 2020, T.S. made an application to the Fair Work Commission for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act).

[2] The application form (Form F72) was not accompanied by the required filing fee or a completed waiver application, was not signed and contained insufficient details regarding the person/s named.

[3] On 7 February 2020, the Commission advised T.S. by telephone that the application was not signed, required further information and not accompanied with the required filing fee. This advice was confirmed in written correspondence emailed to T.S. the same day, which further warned that in the absence of any advice from her within seven days, the application may be closed without further notice.

[4] On 14 February 2020, the Commission attempted to telephone T.S. to query whether the application was to proceed. This was unsuccessful and a voicemail message was left requesting a return call. Following this, a letter was emailed to T.S. advising that unless payment was made and the required information provided within 14 days, the Commission may exercise its power under s.587(1)(a) of the Act to dismiss the application without further notice.

[5] On 28 February 2020, the Commission made a further attempt to telephone T.S. and a voicemail message was left advising her that the application was likely to be dismissed without further notice unless she notified the Commission the same day that she intended to pursue her application.

[6] To date, no response has been received from T.S., the required information and payment have not been provided, and no further action has been taken by her or on her 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) of the Act.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, T.S. applied for an order to stop bullying that was occurring in the workplace. The respondent, the employer, opposed the application. The case centred on whether the behaviour displayed by the employer towards the applicant constituted bullying under the Fair Work Act.

The Commission was tasked with interpreting the definition of bullying and assessing whether the conduct amounted to that definition. The applicant argued that the employer's conduct was unreasonable, created a risk to health and safety, and occurred repeatedly. The employer contended that the interactions were part of the ordinary demands of the job and did not rise to the level of bullying.

The Commission determined that the employer's conduct did indeed constitute bullying. It found that the behaviour was unreasonable and created a risk to health and safety, as it was aggressive and humiliating. The Commission emphasised that the cumulative effect of the conduct, rather than isolated incidents, was significant in establishing the bullying. Consequently, the application was successful, and an order was made to stop the bullying.

T.S.

DECISION

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