How to fill in an Application to stop bullying
Hello, my name is Melanie Thorley, and I am the principal of MJT Law, an employment law firm situated in Brisbane. Today I’m going to walk you through how to fill in a form F72 Order To Stop Bullying Application. As you see, the film provides a brief description of what the Fair Work Act defines as bullying, and it states that bullying occurs when an individual or a group of individuals repeatedly behave unreasonably towards a worker or group of workers at work, and the behavior creates a risk to work health and safety.
It also states that reasonable management action carried out in a reasonable manner is not bullying. For example, reasonable performance management, or directing a worker to perform duties in keeping with their job.
Bullying behavior includes aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumors, teasing, practical jokes or initiation ceremonies, exclusion from work related events, unreasonable work expectations including too much or too little work or work below the worker’s skill level, displaying offensive material, and pressure to behave in an inappropriate manner.
However, in order for it to be bullying, the behavior must be repeated and unreasonable, and must create a risk to health and safety.
Please note that in making an Application to Stop Bullying, it is not about receiving compensation. It is about making sure that you are working in an environment that is safe and free from bullying. This form F72 is an application for an order to stop bullying, and not to provide compensation.
There are some people who can not make an Application of this type, and they include workers who are members of the defense force, or do not work for a constitutionally covered business. Constitutionally covered business is generally a business that is not part of the government organization, with a federal, state, or local.
I would also like to point out that the information given here is only to enroll, and if you are unsure whether you are eligible, you should contact either the Fair Work Commission, or give us a call here at MJT Law.
Once you have filled in the Form F72 Order to Stop Bulling, you will need to lodge it with the Fair Work Commission, along with any documents you may want to include. You can lodge it either by post, fax, or email, or in person. You will need to pay the application fee.
You can lodge it either by post, fax, email, or in person, and you will need to pay the application fee, which is, at the moment, $67.20. Once filed, the commission will serve the form on the other party, who are usually your employers, and any person or people that you have named in your bullying application.
You’ll see here that the diagram sets out the anti-bullying process as it applies in general terms. It starts with the application process, and then it moves through to the notification process, where the employers and the persons who are bullying you are notified. At that point, a new report is created, and the matter is assigned. Normally you would have to enter into a mediation process, which all parties would take part in. If that is unresolved, then you will end up at a hearing or conference. From that point, the matter may be dismissed, resolved, or orders are made to prevent the bullying from continuing.
Now we’re going to move down to the part of the form we will need to fill in. That’s the application to stop bullying, and you start as the applicant worker. Here I’m just going to put my details, and just quickly with my business details as well.
The next part of the form is where they ask if you need an interpreter, or you require any special assistance, or whether you have a representative. I’m going to put No in all these categories. If you do have a representative, you will need to ask the representative for their details, so you can fill the details in below, or get your representative to fill those details in on your behalf.
The next part is your employer’s details. I’m just going to pop in some fabricated business called Sparkle Creations.
Next it’s going to ask me the details of the people that I think are bullying me. I’ve fabricated a person called Sam Sully for this purpose, and because Sam Sully works at the same place as me, I’m just going to put As Above in those details. I do have Sam Sully’s phone number and email, so I’m going to put that in the app. But I don’t have anything else, so I’m going to leave the rest of that blank.
The next part is asking you whether you’re still employed. I’m going to put Yes, and at what capacity are you employed? I’m going to put I’m an employee. But if you’re a contractor then you put that, or if you’re a student, put that in there, gaining work experience. The next part is asking to describe the alleged bullying behavior, and the experiences you think constitute bullying. I’m going to put something in here for you quickly.
Section 2.2 is asking you to describe an example of the behavior, including when and where it occurred, and how it creates a risk to health and safety. Again, I’m just going to pop something in here.
The next section asks who was involved, and I’m going to put down Sam Sully.
The next part of the form is asking you whether I reported the incident, and if I did, can I provide details? I’m going to put down Yes, and that I provided details to some of the guys at work, my 2IC, and I went to my union. It also asks how often it occurred, and I’m going to pop down that it happens almost every day, and that it started happening about a year ago, and that the last time that it happened was yesterday.
You’ll see here that it’s asking me to describe another example of the behavior, so I’m just going to put down some more details, and repeat the same stuff as above in a slightly different way. You’ll put down whatever details you’ve got.
Okay, now we’re nearing to the end of the form. It’s going to ask you whether you’ve been advised that you’re not performing well at your duties, and I’m going to say No. But if you say Yes, you’re going to need to provide details. I’ve moved on to question four, where it’s asking me whether there’s a bullying policy at work. I’m going to put I don’t know. If you do know, you pop it in, and it asks whether you made a complaint about the bullying, and whether or not it’s required under a bullying policy. I’m going to say Yes I did make a complaint, and I’m going to say that I told the 2IC, and the Sales Manager. Sorry, and the manager.
It also asks if the personal business does have a bullying policy. Again, I’m going to put I don’t know. You may well know, and if you do, you need to put Yes or No. You need to provide information on whether you’re an immediate risk at your workplace. I’m going to put Yes, and I’m afraid that he’s going to hurt me. That’s consistent with some of the things that I wrote above.
The next part is whether I’ve made a complaint somewhere else. I’m going to put No. If you have made a complaint somewhere else, then you need to provide those details. Then it’s asking for the remedy. Now remember, compensation is not available here, so I’m going to put that I need to be taken off the job that Sam Sully is on, so we don’t see each other. I’d also ask the Fair Work Commission to direct Sam to stop sending me those text messages.
Okay, now it’s time for the signatures, and you sign it. I’m going to put my name there, and an arbitrary date. If you’ve got somebody who’s representing you, then they may well put your capacity in there.
Then it’s time to put the application fee in, which remember is $67.20 at the moment. You can put your Visa details in. Now remember, the only part of the form that you need to provide is that part there, the Form 72 beginning, and right down to the very end there. You don’t have to print off those first couple pages if you don’t want to.
I hope you found this tutorial helpful. You can find us on www.mjtlaw.com.au. Thank-you.