Application by Mr Ammar Mousali - [2025] FWC 2521

[2025] FWC 2521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Application by Mr Ammar Mousali

(AB2025/566)

DEPUTY PRESIDENT LAKE

BRISBANE, 27 AUGUST 2025

Application for an FWC order to stop bullying – application for interim orders – Commission required to be satisfied that the worker has been bullied at work and that there is a risk that the bullying will continue – bullying not established – continuing risk not established – application for interim orders dismissed

Mr Ammar Mousali (the Applicant) made an application to the Fair Work Commission (the Commission) on 11 July 2025 seeking an order to Queensland Titles Registry Pty Ltd (the Employer or Respondent), Mr Paul Wilton, Mr Paramesh Rajagopalan, Mr Mike Whelan and Mr Aubry Thonon (the Persons Named) pursuant to s.789FC of the Fair Work Act 2009 (Cth) (the Act).

On 26 August 2025, the Applicant applied to the Commission for interim orders preventing the Employer from proceeding with its disciplinary process. The Applicant filed an amended Form F1 on 26 August 2025 at 2:02pm, which I have accepted.

Under s.589(2) of the Act, the Commission is empowered to make an interim decision in relation to a matter before it.

The Applicant is seeking the following orders:

1. Interim order for an interlocutory injunction restraining the Respondent, whether by itself, its servants, agents or otherwise, from taking any steps to dismiss, discipline, or otherwise alter the Applicant’s employment pending the ﬁnal determination of these proceedings.
2. An Interim order that the Respondent be restrained from taking any further steps in the “Invitation to Show Cause on Disciplinary Findings and Proposed Disciplinary Action” process, including the issuing of any disciplinary sanction, until further order of the Deputy President.

3. An Interim order that the Respondent not take any adverse action against the Applicant because the Applicant exercised a workplace right by making an application for an order to stop bullying under Part 6-4B of the Fair Work Act 2009 (Cth).

4. An Interim order that the status quo as at 11 July 2025 be preserved until the ﬁnal hearing and determination of the substantive application.

The parties consented to the application for interim orders being determined on the papers.

Background

The Applicant lodged his application for stop bullying orders on 11 July 2025.

On 7 August 2025, I conducted a private conciliation with the parties. The matter was not resolved in conciliation. The matter was then listed for a hearing to determine the Respondent’s jurisdictional objections and to determine whether a stop order should be granted.

On 19 August 2025, the Applicant received a show cause letter from the Respondent. The letter alleges the following behaviour and notes the Applicant may be liable for “disciplinary findings”:

Allegation 1
That on or around 15 November 2024, while working from home, you engaged in
inappropriate workplace conduct by smoking during a meeting with the ATS Team
conducted via Microsoft Teams.

Allegation 2

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Application by Mr Ammar Mousali

Details

AGLC: Application by Mr Ammar Mousali [2025] FWC 2521
Case: [2025] FWC 2521
Decision Date: 27 AUGUST 2025

CaseChat Overview and Summary

Mr Ammar Mousali filed an application with the Fair Work Commission (FWC) seeking an order to prevent bullying at work. The respondent, his employer, opposed the application. The dispute was about whether the Commission had sufficient grounds to grant interim orders to halt the alleged bullying and prevent its continuation. The court had to determine if Mousali had indeed been subjected to bullying at work and if there was a real risk that such behaviour would persist. The court closely examined the evidence provided by Mousali to substantiate the claims of bullying and the risk of it continuing. After careful consideration, the court concluded that the evidence did not sufficiently establish that Mousali had been bullied or that there was a genuine risk of bullying continuing in the future. Therefore, the court dismissed the application for interim orders. The decision was based on the insufficiency of the evidence to meet the legal threshold required for such orders to be granted.

Orders