| [2017] FWC 1976 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Trevor Yawirki Adamson
(AB2016/662)
COMMISSIONER HAMPTON | SYDNEY, 19 MAY 2017 |
Application for an FWC order to stop bullying – chairperson of statutory board – jurisdictional objections – whether applicant is a worker and eligible to apply – whether alleged conduct occurred whilst at work – whether application an abuse of process – whether loss of position in subsequent election means no relevant future risk – applicant potentially a worker as chairperson and if so, alleged conduct occurred whilst at work – original application not an abuse of process – applicant no longer a worker as a volunteer or otherwise – no relevant future risk given terms of the legislation – to proceed with application would become an abuse of process – application dismissed.
1. Background and the issues to be determined
[1] Mr Trevor Yawirki Adamson has made an application for a stop bullying order under s.789FC of the Fair Work Act 2009 (the FW Act). Mr Adamson was at the time of making the application, the Chairperson of the Executive Board of the Anangu Pitjantjatjara Yankunytjatjara Inc (APY Inc). His application names two persons, Mr Richard King, General Manager and Mr Bernard Singer, who was at the time of the application, the Deputy Chairperson of the Executive Board and various allegations have been made about their conduct. APY Inc is named in the application and together with Mr King and Mr Singer form the respondent parties.
[2] The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA) (APY Act) provides for the vesting of title to approximately 100,000 square kilometres of lands in Northern South Australia to the people known as Anangu Pitjantjatjara Yankunytjatjara. The APY Act establishes the Executive Board which consists of elected or appointed members, including a Chairperson and Deputy Chairperson. It also provides for the appointment, by the Executive Board, of a Director of Administration and General Manager. The APY Act also establishes APY Inc as a corporate entity with status, powers and functions. I have referred to the corporate entity as APY Inc to differentiate between that entity and the APY community.
[3] In the responses provided to the application, Mr Singer and Mr King have strongly rejected the allegations made by Mr Adamson and made a number of counter claims about Mr Adamson’s conduct as Chairperson. They have also raised a number of “jurisdictional issues” concerning the capacity of the Commission to hear and determine the application under the anti-bullying provisions in Part 6-4B of the FW Act. These included that:
● Mr Adamson is not a “worker” as defined by the FW Act and the conduct complained of did not occur in the context of the applicant being “at work”; and
● the application is vexatious and an abuse of process.
[4] Following extensive efforts to conciliate the matter, including the issuing of comprehensive recommendations that all…
Continue reading Trevor Yawirki Adamson
Sign in free to access the full text
- AGLC
- Trevor Yawirki Adamson [2017] FWC 1976
- Case
- [2017] FWC 1976
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether Adamson was a worker for the purposes of the Fair Work Act, whether the alleged conduct occurred while he was at work, and whether the application was an abuse of process. Additionally, the court had to consider whether the loss of his position in a subsequent election meant there was no relevant future risk of the conduct continuing. The court also examined whether the original application was an abuse of process and whether, given the terms of the legislation, Adamson was no longer a worker, thereby making the continuation of the application an abuse of process.
The court found that Adamson could potentially be considered a worker as the chairperson of the statutory board, and if so, the alleged conduct occurred while he was at work. The original application was not deemed an abuse of process. However, Adamson was no longer a worker, as he had lost his position in a subsequent election. Consequently, there was no relevant future risk of the conduct continuing. The court concluded that to proceed with the application would become an abuse of process, and therefore dismissed the application.
The court’s final order was that the application be dismissed, on the grounds that Adamson was no longer a worker and there was no relevant future risk of the conduct continuing, making the continuation of the application an abuse of process.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.