[2014] FWC 4166

[2014] FWC 4166

FAIR WORK COMMISSION

DECISION

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

Ms Natalie Brenton
(AB2014/1093)

COMMISSIONER CLOGHAN

PERTH, 24 JUNE 2014

Application for an FWC order to stop bullying.

[1] On 4 March 2014, Ms Natalie Brenton (Ms Brenton or Applicant) made application to the Fair Work Commission (Commission) for an order to stop bullying.

[2] The application for an order to stop bullying is made in accordance with s.789FC(1) of the Fair Work Act 2009 (FW Act).

[3] The application is for orders to stop bullying against two employees (Employees) of Dynaline Holdings Pty Ltd T/A Tiltopro (Employer).

[4] The Employees provided a response to Ms Brenton’s application on 14 March 2014.

[5] I conducted a conference of the parties on 2 April 2014.

[6] At the conclusion of the conference, I advised the Applicant that I would relist the conference on advice from Ms Brenton.

[7] On 23 June 2014, the Employer of the two Employees advised me that Ms Brenton was no longer an employee of the Employer effective from 20 June 2014.

[8] Section 789FF of the FW Act relevantly provides:

“(1) If:

(a) a worker has made an application under section 789FC; and

(b) the FWC is satisfied that:

(i) the worker has been bullied at work by an individual or a group of individuals; and

(ii) there is a risk that the worker will continue to be bullied at work by the individual or group;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work by the individual or group.

(2) ...”

[9] While Ms Brenton has made an application under s.789FC of the FW Act, it is not necessary for the Commission to enquire any further into the application. This situation arises due to there being no further risk that Ms Brenton will be bullied at work by the Employees because she is no longer employed by the Employer.

[10] In light of the above facts, the Commission has no power to make an order sought by the Applicant. Accordingly, the application must be dismissed for want of jurisdiction. An order to this effect is made pursuant to s.587(3)(a) of the FW Act and is issued jointly with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer