Fair Work Commission releases Quarterly Report

In the period April to June 2014, 189 applications for an order to stop bullying at work were lodged with the FWC. This increased slightly in July to September 2014 to 192 applications.

Of the 141 applications in April to June that were finalised, thirteen were finalised by a decision, with the other applications being withdrawn or resolved prior to the commencement of proceedings. Of the applications finalised by a FWC decision, two were dismissed due to a jurisdictional objection, three were dismissed as bullying at work was not found and/or there was no risk of the bullying continuing and seven were dismissed because the applicant did not pursue the application.

Of the 174 that were finalised in July to September, fifteen were finalised by a decision, with all applications being dismissed because the applicant did not pursue the application or the matter was not made in accordance with the Fair Work Act 2009 (Cth).

Unfair dismissal

In the period April to June 2014 there were 3478 unfair dismissal applications. During that time, 544 applications were finalised prior to conciliation, 2154 were settled at conciliation and 764 were finalised after conciliation but before formal proceedings. 316 applications were finalised by a decision. Of those, only 90 were found to have involved a dismissal, with others dismissed due to an objection being upheld or the applicant not conducting the proceedings in the proper way. Of the 90, 43 found that the dismissal was fair. Of the 47 that were granted, 31 were granted compensation, four were reinstated, eight were granted reinstatement and lost remuneration and no remedy was granted in four of them.

In the period July to September 2014, 3668 unfair dismissal applications were made. The majority were finalised by conciliation or settlement prior to formal proceedings. 368 were finalised by a decision of the FWC. Only 53 involved a finding that the dismissal was unfair, with 38 being granted compensation.

The quarterly reports also outline the number of applications the FWC has received regarding enterprise agreements, bargaining orders, general protections, protected action ballots and industrial action and right of entry.  

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