Question
Julie is employed by Coles Supermarkets. Julie works predominantly in the deli and has specialist training in food hygiene and the safe operation of the
Julie is employed by Coles Supermarkets. Julie works predominantly in the deli and has specialist training in food hygiene and the safe operation of the meat slicer. Julie has worked in the deli for over 10 years and is well known and liked by customers and employees. Susie is transferred from another Coles supermarket to the store where Julie works and is rostered to work in the deli. Susie is much younger than Julies and takes an instant dislike to her. Susie starts to put Julie down in front of customers and co-workers. Susie calls Julie "Jangry" behind her back. Susie becomes friends with the younger casual workers at the deli, and they go out together on weekends. One day, there is a salmonella outbreak linked to Coles. An investigation reveals that the problem was likely poor hand washing technique but could not locate a direct source. However, Suzie thinks that it was Julie who was responsible because Suzie says she once saw Julie forget to wash her hands after going to the toilet. From that point on, Suzie and the casual deli workers stop talking to Julie at work unless it is work related. They watch Julie intently when she emerges from the toilet to ensure that she washes her hands. Suzie and the casual workers tell the deli fridge technicians (who are contractors, not employees of Colts) about their theory that Julie is a salmonella spreader. One day, a deli fridge technician working the deli accidently calls Julie "Jangry" when he went to ask her a question - he was embarrassed by the mistake but didn't apologise. Julie is left feeling ostracised by all this behaviour. One day, Julie was in the lunchroom when she saw Suzie's phone flash with a notification. Julie could see that the notification was from a WhatsApp group called "Coles Deli Crew (except the Jangry one)". Julie broke down in tears and walked out of her shift, telling her supervisor she was sick.
Question: Would Julie be able to apply for an anti-bullying order from the Fair Work Commission under Part 6-4B of the Fair Work Act 2009 (Cth)? (Assume that Coles is a constitutionally covered business for the purpose of the Act). What are the possible outcomes if she can initiate the application for an order?
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