PR608979 |
FAIR WORK COMMISSION |
ORDER |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Application by Ms A.
(AB2017/506)
DEPUTY PRESIDENT ASBURY |
BRISBANE, 13 JULY 2018 |
Application for an FWC order to stop bullying.
A. Pursuant to s.798FF of the Fair Work Act 2009, the Fair Work Commission orders that:
1. Mr C will not email Ms A or B Pty Ltd unless and until he has made reasonable attempts to contact the manager for the Complex designated by B Pty Ltd, by telephone on the number provided by Ms A in accordance with item 6 of this order.
2. Mr C will not contact Ms A or B Pty Ltd by telephone or email or otherwise, outside the hours of 8.00 am to 5.00 pm Monday to Friday and 8.00 am to 12 noon on Saturday, except in case of emergency.
3. Mr C will confine his communication to Ms A or B Pty Ltd to specific tasks or work that the Body Corporate Committee requires the manager to perform under the Management Agreement.
4. Mr C will not make derogatory comments to Ms A or the manager designated by B Pty Ltd, either orally or in writing, including: comments of a personal nature; in relation to credibility; or in relation to ability to perform the work under the contract.
5. Mr C will not direct comments either orally or in writing to Ms A or B Pty Ltd in relation to the remuneration under the contract or what that remuneration encompasses including whether the body corporate is getting benefits commensurate with the remuneration.
6. Ms A will ensure that Mr D who is also a director and who is providing the management services on behalf of B Pty Ltd, has a mobile telephone upon which he can be contacted by members of the body corporate committee and residents of the complex in accordance with the management agreement, and that the mobile telephone number is provided to the body corporate committee and displayed outside the manager’s office as required by the management agreement.
7. Noting that the Commission will issue a public version of this Order that will not identify the relevant parties and subject to 8. below, all parties, including persons associated with them, are to keep the identity of the parties and their association with the terms of this Order confidential.
8. Order 7. will not prevent the disclosure of these Orders for the purposes of seeking legal, medical or other professional advice or in the course of enforcement procedures and actions.
9. Nothing in this Order will impact upon the rights of Mr C, the Body Corporate Committee for The Complex, Ms A or B Pty Ltd in relation to any dispute that they may have before a court or tribunal in relation to the management agreement.
B. This Order will come into operation on and from 13 July 2018 and will remain in force for a period of 24 months.
DEPUTY PRESIDENT
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