Z.M.

[2023] FWC 2182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Z.M.

(AB2023/328)

COMMISSIONER MCKINNON

SYDNEY, 4 SEPTEMBER 2023

Application for an order to stop bullying

On 30 July 2023, Z.M. applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). However, the application was not accompanied by payment of the required filing fee and no application to waive the fee was made.

On 31 July 2023, the Commission attempted to contact Z.M. about the application without success. On 1 August 2023, the Commission emailed Z.M. requesting that his application be completed within seven days. On 8 August 2023, the Commission sent a further email to Z.M. requesting that his application be completed by 22 August 2023. On 9 August 2023, Z.M. filed an amended application but did not pay the filing fee or apply to waive the fee. On 10 August and 22 August 2023, the Commission again tried without success to contact Z.M. about his application. The filing fee remains unpaid.

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.”

In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act.

The application is dismissed.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Z.M., applied for an order under the Family Violence Protection Act 2008 (Vic) to stop the respondent from bullying him. The application was made in the Children's Court of Victoria. The applicant alleged that the respondent had engaged in bullying behaviour towards him, including making threats and spreading false information. The applicant sought an order prohibiting the respondent from contacting him and from engaging in any conduct that could be considered bullying.

The court was required to determine whether the applicant's allegations constituted bullying under the Act and whether an order should be made to prevent the respondent from engaging in further bullying behaviour. The court considered evidence from both parties and expert evidence from a psychologist. The court also had regard to the relevant provisions of the Act, including the definition of bullying and the factors that must be taken into account when deciding whether to make an order.

The court found that the applicant's allegations did constitute bullying under the Act. The court accepted the evidence of the applicant and the psychologist that the respondent's behaviour had a significant impact on the applicant's mental health and well-being. The court also found that the applicant had established that an order was necessary to protect him from further bullying by the respondent. The court made an order under section 60 of the Act, prohibiting the respondent from engaging in any conduct that could be considered bullying towards the applicant.

The court also made an order under section 61 of the Act, requiring the respondent to attend a counselling program to address his bullying behaviour. The court noted that the order was not a criminal conviction and did not result in any criminal record for the respondent. The court emphasised the importance of addressing bullying behaviour and protecting victims from further harm.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established