The Fair Work Commission's anti-bullying powers commenced
operation on 1 January 2014. Can it hear complaints based on
behaviour that occurred before 1 January 2014?
Yes it can, following a decision by the Full Bench that says it
can hear complaints pre-dating 1 January 2014 – and
there's no limit on how old an alleged act of bullying can be
([2014] FWCFB 1440).
The application in the new anti-bullying jurisdiction of the
Commission
Ms Kathleen McInnes sought an order to prevent her from being
bullied at work. She complains that she was subjected to bullying
behaviour over a six year period between November 2007 - May 2013
(but not after May 2013).
One of the respondents, Peninsula Support Services Inc t/as
Peninsula Support Services, objected that the Commission could not
hear her application as the alleged bullying had occurred before
the anti-bullying provisions in the Fair Work Act 2009 (Cth) had
come into operation; if it did, this would give the
