Amanda (Thuy) Phung v Tricia Farnes, Glen Sblattero, Holmesglen Institute

[2024] FWC 3226

[2024] FWC 3226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Amanda (Thuy) Phung
v

Tricia Farnes, Glen Sblattero, Holmesglen Institute

(AB2024/543)

COMMISSIONER MIRABELLA MELBOURNE, 22 NOVEMBER 2024

Application for an FWC order to stop bullying

1. On 22 July 2024, Ms Phung applied for an order to stop bullying at work under s.789FC (the Application) of the Fair Work Act 2009 (the Act). The Application was made in relation to the Holmesglen Institute (Holmesglen) and persons with whom Ms Phung worked with while she was at work in the business of Holmesglen.

1. Ms Phung had been on long term sick leave since May 2023. On 7 November 2024, Ms Phung’s employment with Holmesglen was terminated. Ms Phung submits that a dismissal of the Application is premature. She submits that if she is successfully reinstated as a result of applications made pursuant to legislative provisions regarding bullying, general protections, unfair dismissal or discrimination, bullying in the workplace could continue.

1. I am not persuaded that Ms Phung’s position will change in the foreseeable future such that she will return to work at Holmesglen. The consequence of termination is that Ms Phung is no longer at work in the business of Holmesglen. Accordingly, there is no present or reasonably foreseeable risk of her continuing to be bullied at work or in the business. The Commission could not make any orders in this matter and for that reason, Ms Phung’s Application has no reasonable prospect of success.[1]

1. In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

1. The application is dismissed.

COMMISSIONER

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor[2024] FWC 3408. 

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