FWC Anti bullying KB

VERBS

beha~ve~ves~ved
belie~ve~ves~ved
dismis~s~ess~sed
ha~ve~s~d
ma~ke~kes~de
lac~k~kes~ked

PERSON the complaint
PERSONTHING a person conducting a business or undertaking

RULE Fair Work Act 2009 - section 789FF PROVIDES
the Fair Work Commission may make any order to prevent the complaint from being bullied at work by individual or group ONLY IF
Fair Work Act 2009 - section 789FF(a) applies AND
Fair Work Act 2009 - section 789FF(b)(i) applies AND
Fair Work Act 2009 - section 789FF(b)(ii) applies AND
the Fair Work Commission may not dismiss an application under Fair Work Act 2009 - section 789FE(2) AND
the Fair Work Commission may not dismiss an application under Fair Work Act 2009 - section 587

RULE Fair Work Act 2009 - section 789FF(a) PROVIDES
Fair Work Act 2009 - section 789FF(a) applies ONLY IF
the complaint is eligible to make an application AND
the complaint has made an application under Fair Work Act 2009 - section 789FC

RULE Fair Work Act 2009 - section 789FC - eligibility PROVIDES
the complaint is eligible to make an application ONLY IF
the complaint is a worker within the meaning of Fair Work Act 2009 - section 789FC(2) AND
the complaint reasonably believes that the complaint is bullied at work

RULE Fair Work Act 2009 - section 789FC(2) PROVIDES
the complaint is a worker within the meaning of Fair Work Act 2009 - section 789FC(2) ONLY IF
the complaint is not a member of the Defence Force AND
the complaint is a worker within the meaning of Work Health and Safety Act 2011 - section 7

RULE the Work Health and Safety Act 2011 - section 7 PROVIDES
IF
the complaint is an employee OR
the complaint is a contractor or subcontractor OR
the complaint is an employee of a labour hire company who has been assigned to work in the person’s business or undertaking OR
the complaint is an outworker OR
the complaint is an apprentice or trainee OR
the complaint is a student gaining work experience OR
the complaint is a volunteer OR
the complaint is a person of a prescribed class OR
the complaint is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee OR
the complaint is the holder of, or acting in, an office established by a law of the Commonwealth or a law of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island)
THEN
the complaint is a worker within the meaning of Work Health and Safety Act 2011 - section 7
ELSE IF the complaint carry out work in any capacity for a person conducting a business or undertaking
THEN
the complaint is a worker within the meaning of Work Health and Safety Act 2011 - section 7
ELSE the complaint is not a worker within the meaning of Work Health and Safety Act 2011 - section 7

EXAMPLE Application by Mac [2015] FWC 774 (13 February 2015) PROVIDES
the complaint reasonably believes that the complaint is bullied at work ONLY IF
the complaint believes actually and genuinely that the complaint is bullied at work AND
there is something to support the belief or other rational basis for the holding of the belief

RULE Fair Work Act 2009 - section 789FF(b)(i) PROVIDES
Fair Work Act 2009 - section 789FF(b)(i) applies ONLY IF
the complaint is bullied at work

RULE Fair Work Act 2009 - section 789FD PROVIDES
the complaint is bullied at work ONLY IF
Fair Work Act 2009 - section 789FD(1)(a) applies AND
Fair Work Act 2009 - section 789FD(1)(b) applies AND
Fair Work Act 2009 - section 789FD(2) does not apply

RULE Fair Work Act 2009 - section 789FD(1)(a) PROVIDES
Fair Work Act 2009 - section 789FD(1)(a) applies ONLY IF
the complaint is at work in a constitutionally-covered business withing the meaning of Fair Work Act 2009 - section 789FD(3) AND
a individual or a group of individuals behaves unreasonably towards the complaint, or a group of workers of which the complaint is a member AND
unreasonable behaviour is repeated AND
the complaint is at work while a individual or a group of individuals behaves unreasonably towards the complaint, or a group of workers of which the complaint is a member

RULE Fair Work Act 2009 - section 789FD(3) - constitutionally-covered business PROVIDES
the complaint is at work in a constitutionally-covered business withing the meaning of Fair Work Act 2009 - section 789FD(3) ONLY IF
a person conducting a business or undertaking conducts a business or undertaking within the meaning of Work Health and Safety Act 2011 - section 5 AND
BEGIN
a person conducting a business or undertaking is a constitutional corporation OR
a person conducting a business or undertaking is the Commonwealth OR
a person conducting a business or undertaking is Commonwealth authority OR
a person conducting a business or undertaking is a body corporate incorporated in a Territory OR
the business or undertaking is conducted principally in a Territory or Commonwealth place
END

RULE Work Health and Safety Act 2011 - section 5 PROVIDES
a person conducting a business or undertaking conducts a business or undertaking within the meaning of Work Health and Safety Act 2011 - section 5 ONLY IF
a person conducting a business or undertaking is not a person who engaged solely as a worker in, or as an officer of, that business or undertaking within the meaning of Work Health and Safety Act 2011 - section 5(4) AND
a person conducting a business or undertaking is not an elected member of a local authority in that capacity conduct a business or undertaking within the meaning of Work Health and Safety Act 2011 - section 5(5) AND
a person conducting a business or undertaking is not a volunteer association within the meaning of Work Health and Safety Act 2011 - section 5(8) AND
a person conducting a business or undertaking conducts a business or undertaking alone or with others within the meaning of Work Health and Safety Act 2011 - section 5(1)

EXAMPLE Application by S.B [2014] FWC 2104 (12 May 2014) PROVIDES
a individual or a group of individuals behaves unreasonably towards the complaint, or a group of workers of which the complaint is a member ONLY IF
there is the making of vexatious allegations against the complaint AND
there is spreading rude and/or inaccurate rumours about the complaint AND
there is conducting an investigation in a grossly unfair manner

EXAMPLE Application by S.B [2014] FWC 2104 (12 May 2014) PROVIDES
unreasonable behaviour is repeated ONLY IF
there is more than one occurrence

RULE Fair Work Act 2009 - section 789FD(1)(b) PROVIDES
Fair Work Act 2009 - section 789FD(1)(b) applies ONLY IF
unreasonable behaviour creates a risk to health and safety

EXAMPLE Application by S.B [2014] FWC 2104 (12 May 2014) PROVIDES
unreasonable behaviour creates a risk to health and safety ONLY IF
there is the possibility of danger to health and safety AND
there is exposure to the chance of injury or loss AND
the risk is real and not simply conceptual AND
unreasonable behaviour is a substantial cause of the risk viewed in a common sense and practical way

RULE Fair Work Act 2009 - section 789FD(2) PROVIDES
Fair Work Act 2009 - section 789FD(2) applies ONLY IF
unreasonable behaviour is reasonable management action carried out in a reasonable manner

RULE Fair Work Act 2009 - section 789FD(2) - reasonable management action PROVIDES
unreasonable behaviour is reasonable management action carried out in a reasonable manner ONLY IF
unreasonable behaviour is management action AND
unreasonable behaviour is reasonable for the management action to be taken AND
unreasonable behaviour is carried out in a reasonable manner

EXAMPLE Application by S.B [2014] FWC 2104 (12 May 2014) PROVIDES
unreasonable behaviour is management action ONLY IF
the behaviour is everyday actions to effectively direct and control the way work is carried out

EXAMPLE Thompson and Comcare [2012] AATA 752 (31 October 2012) PROVIDES
unreasonable behaviour is management action ONLY IF
the behaviour is performance appraisals

EXAMPLE Martinez and Comcare [2012] AATA 795 (14 November 2012) PROVIDES
unreasonable behaviour is management action ONLY IF
the behaviour is ongoing meetings to address underperformance

EXAMPLE Truscott and Comcare [2012] AATA 220 (17 April 2012) PROVIDES
unreasonable behaviour is management action ONLY IF
the behaviour is counselling or disciplining the complaint for misconduct

EXAMPLE Towns and Comcare [2011] AATA 92 (14 February 2011) PROVIDES
unreasonable behaviour is management action ONLY IF
the behaviour is modifying the complaint's duties including by transferring or re-deploying the complaint AND/OR denying a worker a benefit in relation to their employment

EXAMPLE State of Tasmania v Clifford [2011] TASSC 10 (24 February 2011) PROVIDES
unreasonable behaviour is management action ONLY IF the behaviour is investigating alleged misconduct

EXAMPLE Drenth v Comcare [2012] FCAFC 86 (21 May 2012) PROVIDES
unreasonable behaviour is management action ONLY IF the behaviour is refusing an employee permission to return to work due to a medical condition

EXAMPLE Von Stieglitz and Comcare [2010] AATA 263 (15 April 2010) PROVIDES
unreasonable behaviour is reasonable for the management action to be taken ONLY IF
there is not something untoward about the actions involved AND/OR
the action is not irrational, absurd, or ridiculous

EXAMPLE Application by Mac [2015] FWC 774 (13 February 2015) PROVIDES
unreasonable behaviour is carried out in a reasonable manner ONLY IF
the decision to take management action did not lack any evident and intelligible justification such that it would be considered by a reasonable person to be unreasonable in all the circumstances

RULE Fair Work Act 2009 - section 789FF(b)(ii) PROVIDES
Fair Work Act 2009 - section 789FF(b)(ii) applies ONLY IF
there is a risk that the complaint will continue to be bullied at work by the individual or group

RULE Fair Work Act 2009 - section 789FF(b)(ii) - a risk that the complaint will continue to be bullied PROVIDES
there is a risk that the complaint will continue to be bullied at work by the individual or group ONLY IF
BEGIN
the complaint is not dismissed, or no longer in the employment/contract relationship OR
BEGIN
the complaint is dismissed, or no longer in the employment/contract relationship AND there is potential to return to the workplace in some capacity as a worker
END
END
AND
there is a risk that the complaint will continue to be bullied at work by the same individual or group who found to have bullied the complaint

RULE Fair Work Act 2009 - section 789FE(2) PROVIDES
the Fair Work Commission may dismiss an application under Fair Work Act 2009 - section 789FE(2) ONLY IF
the application might involve matter that relation to Australia's defence OR
the application might involve matter that relation to Australia's defence Australia's national security OR
the application might involve matter that relation to an existing or future covert operation (within the meaning of Work Health and Safety Act 2011 - section 12E) of the Australian Federal Police OR
the application might involve matter that relation to an existing or future international operation (within the meaning of Work Health and Safety Act 2011 - section 12E) of the Australian Federal Police

RULE Fair Work Act 2009 - section 587 PROVIDES
the Fair Work Commission may dismiss an application under Fair Work Act 2009 - section 587 ONLY IF
the application is not made in accordance with Fair Work Act 2009 and Fair Work Regulations 2009 OR
the application is frivolous or vexatious OR
there is reasonable prospects of success