In this In Brief, we examine the Fair Work Commission (FWC) Full Bench’s decision in Application by Kathleen McInnes [2014] FWCFB 1440 (6 March 2014).

As well as being the first Full Bench consideration of the FWC’s anti-bullying jurisdiction, the decision has given the new provisions in Part 6-4B of the Fair Work Act 2009 (Cth) (FW Act) a substantially broader scope of operation than anticipated.

The decision establishes that alleged bullying conduct which occurred prior to 1 January 2014, when Part 6-4B came into effect, can be considered by the FWC in an application for orders to stop bullying under the provisions.

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