ANTI-BULLYING – risk to health and safety – s.789FD Fair Work Act 2009 – application for order to stop bullying concerning a group of individuals at a restaurant workplace – earlier application made in 2014 was subject to extensive conciliation and recommendations – matter ultimately not resolved and applicant lodged a new application, seeking an order regarding management courses for Supervisors and an independent investigation into alleged conduct – applicant further sought that all staff undertake training and be given information regarding bullying conduct – employer contended conduct not bullying but reasonable management action and claimed FWC does not have jurisdiction to consider certain matters – employer accepted that applicant’s belief in bullying conduct was genuine but contended this was subjective and not based on actual bullying – claimed by employer that applicant focused on criticising its processes rather than on the conduct and their response to it – employer stated that applicant currently working elsewhere and that it has made attempts to have her return to work – applicant’s complaints centred around incidents of aggressive and intimidating conduct as well as exclusion from staff meetings – the fact that applicant presently unfit for work considered indicative of risk, yet not conclusive as such an assessment includes the impact from both work and non-work factors – found that while unreasonable behaviour had occurred, much of this occurred in a particular context different from the earlier application – considered appropriate to hear further from parties on developments including the intention and capacity of the applicant to resume work and initiatives implemented since the 2014 application – Commission not presently satisfied that orders it can and should be made – further submissions sought. Ms LP
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