CONSENT ORDER

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

Applicant
v
Company A Pty Ltd; Company B Pty Ltd; and Third Respondent
(AB2014/60)

Application for an FWC order to stop bullying.

By consent of the Applicant and the Third Respondent I hereby make the following orders:

[1] The hearing listed for 15 September 2014 is adjourned sine die subject to the following orders.

[2] The Third Respondent will have 10 days to discontinue Application number AB2014/1419.

[3] In the event that the Third Respondent does not discontinue Application number AB2014/1419, the Applicant will have seven days from the date that the Third Respondent informs him that Application number AB2014/1419 will not be discontinued to file a response to Application number AB2014/1419.

[4] The Applicant and the Third Respondent agree they will be subject to mutual agreement made on a without admission basis that they will each do as follows:

a) refrain from making written and or oral statements to each other and or others, save for the Applicant and the Third Respondent’s siblings, spouses, mother and, in the case of the Third Respondent, the Third Respondent’s children, that are abusive and or offensive to or about each other, and or disparaging of each other;

b) going forward the Applicant and the Third Respondent will be civil to one another and in respect of one another and refrain from statements and communications that are abusive, offensive and or disparaging to each other;

c) refrain from emailing each other and or each other’s legal representatives excessively (judged objectively to the standard of a reasonable person); with all communications limited to those necessary for the purposes of carrying out the proper business of Company A Pty Ltd and Company B Pty Ltd (the Trustee Companies) or for the purposes of this matter and Application number AB2014/1419;

d) only contact each other via email between the hours of 9.00 a.m. and 5.00 p.m., Monday to Friday, limited to no more than three emails per day, except in the case of emergency;

e) refrain from making resolutions to the Trustee Companies’ Boards that are offensive and or disparaging  or contain false and or malicious allegations against each other that have not previously been approved by the chairman;

f) adhere to the proper and correct process as adopted by the Boards of the Trustee Companies, from time to time, to submit resolutions; and

g) refrain from disparaging each other to the other directors of the Trustee Companies and or to solicitors, other professionals and or third parties engaged to provide services or assistance to the Trustee Companies or each other.

[5] For a trial period of three months the Applicant and the Third Respondent have liberty to apply with 48 hours’ notice to the other party to have the matter relisted for hearing. If no further application is made in that three month trial period, the application will be discontinued with no orders as to costs.

[6] Costs, if any, be reserved.

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