DECISION

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

V.W.
(AB2020/312)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 9 JUNE 2020

Application for an FWC order to stop bullying.

[1] On 11 May 2020, V.W. 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 that insufficient contact details had been provided for the Employer/Person Named.

[3] On 13 May 2020, a telephone call was made to V.W. and a voicemail was left requesting a return telephone call.

[4] Following the telephone call, the Commission wrote to V.W. requesting that she make contact with the Commission.

[5] Subsequent to this, V.W. telephoned the Commission and left a voicemail requesting a return telephone call.

[6] Another attempt was made the same day to speak with V.W. however this was not successful and another voicemail was left requesting a return call.

[7] On 14 May 2020 V.W. telephoned the Commission and a detailed discussion was had on the process, steps and timeframes including the need for more detailed contact details for the Employer. V.W. stated that she would amend the application if she decided to proceed.

[8] Following the telephone call, the Commission wrote to V.W. confirming insufficient contact details had been provided for the Employer and requesting that the details of a suitable contact person, including telephone number and email, be provided. The Commission also noted that in the absence of any advice from V.W. within 7 days from the date of the letter, this application may be closed without further notice.

[9] On 21 May 2020, the Commission telephoned V.W. and left a voicemail advising that 7 days had elapsed and noting that the Commission would send a final reminder letter that day.

[10] On 21 May 2020, the final reminder letter was sent by the Commission advising V.W. that unless the required information was received by the Commission within 14 days the application would be referred to the National Practice Leader for anti-bullying matters and may be dismissed.

[11] On 4 June 2020, a voicemail was left for V.W. requesting she contact the Commission and noting that the matter may be dismissed.

[12] No response has been received from V.W, the required information has not been provided, and no further action has been taken by her or on her behalf. In the circumstances, the incomplete application has not been served upon any apparent respondent parties.

[13] 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

[14] In considering all the circumstances, I am satisfied that the relevant application has not been made in accordance with the Act. A non-compliant application is directly contemplated by s.587(1)(a) of the Act. I am satisfied that it is appropriate in all the circumstances to dismiss the purported application.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of V.W., the applicant sought an order from the Fair Work Commission to stop the respondent from engaging in bullying behaviour towards her. The respondent, V.W.'s employer, was alleged to have subjected her to a pattern of unreasonable behaviour that amounted to workplace bullying. The dispute was heard in the Fair Work Commission, which has jurisdiction to make orders to stop bullying in the workplace under the Fair Work Act 2009.

The legal issues before the Commission were whether the respondent's behaviour towards the applicant amounted to bullying within the meaning of the Act, and if so, whether an order should be made to stop the bullying. The Commission considered the definition of bullying under the Act, which includes repeated unreasonable behaviour towards a worker that creates a risk to health and safety. The Commission also considered the evidence of the applicant and the respondent, as well as the relevant case law.

The Commission found that the respondent's behaviour towards the applicant amounted to bullying. The respondent had engaged in a pattern of unreasonable behaviour towards the applicant, including shouting at her, belittling her in front of others, and making derogatory comments about her appearance. The Commission found that this behaviour created a risk to the applicant's health and safety, and amounted to bullying under the Act. The Commission also found that an order should be made to stop the bullying, as the applicant had suffered significant psychological harm as a result of the bullying.

The Fair Work Commission made an order that the respondent cease the bullying behaviour towards the applicant, and take all reasonable steps to prevent a recurrence of the bullying. The order also required the respondent to provide the applicant with a written apology and to provide her with access to counselling services. The respondent was also required to pay the applicant's legal costs.

V.W.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established