The Fair Work Commission does not investigate bullying matters.
It only becomes involved when a person who believes they're being bullied at work makes
an application to the Commission for an order to stop bullying.
The role of the Commission is to prevent bullying from continuing.
Orders focus on preventing further bullying.
The Commission cannot issue financial penalties, or award any sort of financial compensation.
There are three steps to making an application for an order to stop bullying.
First, a person should check if they meet the eligibility rules for the anti-bullying
jurisdiction.
Then, to apply they must complete and lodge a form called a Form F72 - Application for
an order to stop bullying.
The applicant must pay an application fee.
But if paying the fee would cause serious hardship they can apply to have the fee waived.
Let's tackle these in order, starting with a closer look at the eligibility rules.
For the Commission to be able to issue an order to stop bullying two things must be
established.
First, the person applying must meet the definition of a 'worker' when the application is made.
And second, they must be covered by national anti-bullying laws.
A worker can be an employee, but they don't have to be.
Workers can also include contractors, sub-contractors and their employees;
an employee of a labour-hire company;
an outworker or volunteer or an apprentice,
or a trainee or student gaining work experience.
Coverage of the national anti-bullying laws extends to what are called 'constitutionally-covered
businesses'.
That includes most businesses that have Proprietary Limited or Limited in their name.
Incorporated associations may also be covered.
It includes the Commonwealth and Commonwealth authorities.
And it covers a financial or trading corporation formed in Australia, or a foreign corporation.
While many businesses are covered by that definition, these employers are not included:
Sole traders and partnerships
State government departments and some state agencies
some local government organisations
and, corporations without significant trading or financial activities.
Meanwhile, members of the defence force are also not covered by these laws.
The Commission's Anti-bullying Benchbook will tell you more about eligibility.
Follow the link to it on the page you are on now.
If a person believes they are eligible for an order to stop bullying they must complete
and lodge the application form, called a Form F72 - Application for an order to stop bullying.
This form can be obtained from the Commission's website, by calling the Commission or by visiting
a Commission office.
It is important that the F72 form is completed correctly, so let's work through it together.
The 'applicant worker' is the person making the application.
They must fill in all of their details including postal, email and telephone contacts.
If needed, the applicant can also request an interpreter or special assistance, such
as a hearing loop.
There is no requirement to have a representative.
But some people choose to have someone else speak on their behalf, such as a friend, family
member, union official or a lawyer.
If someone is representing the applicant, the Commission needs to be told of that person's
details too.
Once again, that includes postal, email and telephone contacts.
The applicant's employer or principal is the name of the business that employs the person
who is making the application.
Often, businesses have two names - a legal and a trading name.
If possible, the Commission needs to know both of these names.
The legal name might be a company or trust.
This is the name used on legal documents like group tax certificates and, often, payslips.
The trading name is the one by which people know the business.
This name is often the name on the sign out the front.
Let's look at an example, because this can be confusing.
A person works at a cafe called 'Fabulous Fine Coffee'.
But they are employed and paid by a company called 'FF Coffee Enterprises Pty Ltd'.
If this person were completing this form, the legal name of their employer is 'FF Coffee
Enterprises Pty Ltd' and the trading name is 'Fabulous Fine Coffee'.
Next, provide the employer's Australian Business Number, or ABN.
Once again look for it on payslips, invoices or official documents.
Or you can look it up online.
Search 'ABN lookup', and use the legal name of the business to search.
Then, the applicant needs to provide all the contact details for the employer.
You should provide the name of a specific contact person if possible.
Then give the employer's address, including email address.
This information will ensure the Commission and other parties can send the employer any
relevant documents.
The next section is about the person, or people, alleged to be engaging in unreasonable behaviour.
First, the applicant provides the full names of anyone alleged to have engaged in bullying
behaviour.
They must also identify who employs that person, or people.
In many cases the named people will work for the same employer as the applicant.
If so, the details for this section are the same as in the previous section.
But, remember, the person or people accused of the bullying behaviour could work for a
completely different employer.
For example, it could be the delivery driver from 'Cafe Couriers'.
That is clearly the trading name, but 'Cafe Couriers' might not be the legal name.
If you don't know what the legal name is leave that part blank.
Similarly if you don't know the ABN or address, leave those sections blank too.
But the applicant should give the Commission as much detail as they possibly can.
The next questions are about whether the person or people accused of the bullying behaviour
and applicant are still in their jobs and required to interact in the workplace.
If they no longer interact at work the Commission may not have the power to proceed, because
the Commission can only act to prevent further bullying.
Section two deals with the alleged bullying behaviours.
Remember, to be considered bullying conduct, the unreasonable behaviours must be repeated
and not be just a single incident.
This section is where the applicant tells their story in as much detail as they can.
They don't have to stay within the boxes provided.
They can continue on additional pages and then attach them to the application.
The applicant describes the behaviour they've experienced that they believe constitutes
bullying.
Then they are asked to provide more than one example including details of who was involved,
where the behaviour occurred, who saw it and how it created a risk to their health and
safety.
Other questions ask if the matter was reported to the employer, how many times the behaviour
occurred, when it began and when it last happened.
The applicant is then asked to detail how the behaviour detailed in the previous questions
creates a risk to health and safety.
Section three asks if the applicant is subject to any performance management or disciplinary
actions by the employer.
If so, they should provide all the relevant details about what has happened.
Section four asks about bullying policies or grievance procedures that apply in the
workplace.
These questions need yes or no answers.
Section five asks about other circumstances that are relevant to the application.
The Commission needs to be aware of any other circumstances that may affect how the Commission
may deal with the application.
The Commission needs to know if an applicant is at risk, or could become at risk, in the
workplace.
This is because their employer and the person or people accused of the bullying behaviour
will be told about the application so they have an opportunity to respond to it.
Section six asks for details of any complaints about the behaviour made to other agencies,
such as workplace health and safety regulators or the police.
Finally, section seven asks the applicant to suggest a 'remedy'.
Here the applicant should describe what they think needs to happen for the bullying behaviour
to stop and for them to be able to continue working in the workplace.
But remember, the Commission cannot order financial penalties or financial compensation.
To complete the application the applicant, or their representative, must sign and date
the form.
If the form is being lodged electronically, the accuracy of the information is to be confirmed
by following the instructions set out in the form itself.
The form is now ready to be lodged with the Commission.
The lodgement of this form will also require an application fee.
The application fee is very important, as the application cannot proceed unless the
fee is paid.
But if paying the fee would cause serious hardship, a request can be made for the fee
to be waived, using the waiver form on the Commission's website.
The current fee amount, and information on how to pay it, is also on the Commission's
website.
The application is now complete and can be lodged with the Fair Work Commission.
It is important to watch the next video in this tour, called 'What happens when an application
is made?'
It explains the processes that the Commission follows once an application is lodged.
Look for the link to it on the page you are on now.