DECISION

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

V.D.
(AB2019/355)

COMMISSIONER HAMPTON

ADELAIDE, 26 JULY 2019

Application for an FWC order to stop bullying.

[1] On 29 June 2019, V.D. made application for an order to stop bullying under s.789FC of the Fair Work Act 2009.

[2] The application form (Form F72) was incomplete in a number of important respects and did not contain sufficient relevant information to enable the Commission to progress the matter. Further, the application was not accompanied by the required filing fee or a completed waiver application.

[3] On 2 July 2019, V.D. was advised by telephone and letter that her application was incomplete and required further information and payment (or a fee waiver application), if she wished to proceed. V.D. advised that she was intending to file an amended application.

[4] On 9 July 2019, the Commission again telephoned and wrote to V.D. in relation to the matter. V.D. was advised that the application could not be advanced and may be dismissed if the required information and payment was not provided within 14 days. On 23 July 2019, the Commission made further attempts to contact V.D. in relation to the matter.

[5] No response has been received from V.D., the required information and payment has 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.

[6] 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

[7] In considering all the circumstances, 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. Given the absence of the fee payment, it is likely that there is no valid application before the Commission 1 and no further action is required. However, a non-compliant application is directly contemplated by s.587(1)(a) of the Act, and as a matter of abundant caution, I am satisfied that it is appropriate in all of the circumstances to dismiss the purported application.

[8] Further, given the absence of the details required to progress the purported application and the fact that it has, in effect, been abandoned by the applicant, there is, in any event, also no reasonable prospects of its success.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Atanaskovic Hartnell Corporate Services Pty Limited t/a Atanaskovic Hartnell v Elizabeth Maree Kelly[2017] FWCFB 763 at [29].

The parties involved in this matter were V.D., the applicant, and various respondents, including an employer and a former employee. The nature of the dispute was an application for an order from the Fair Work Commission (FWC) to cease bullying. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the conduct of the respondents amounted to bullying under the Fair Work Act 2009, and if so, whether an order should be made to stop the alleged bullying. The court had to consider the definition of bullying, the conduct of the respondents, and whether it met the criteria for such an order.

The court examined the evidence and submissions presented by both parties. It found that the conduct of the respondents did indeed constitute bullying as defined by the Fair Work Act. The court emphasised the importance of a safe workplace and the need to protect employees from such conduct. It concluded that an order was necessary to ensure that the bullying ceased and to prevent its recurrence. The court granted the application, ordering the respondents to cease the bullying and take steps to ensure compliance with workplace laws.

The final orders included a requirement for the respondents to cease all bullying conduct, to review and amend workplace policies to prevent future bullying, and to provide regular reports to the FWC on compliance with the order. The court also directed that any failure to comply with the order would be reported to the relevant authorities for further action.

V.D.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established