Bailey
[2023] FWC 2827
•27 OCTOBER 2023
| [2023] FWC 2827 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Bailey
(AB2023/428)
| COMMISSIONER MCKINNON | SYDNEY, 27 OCTOBER 2023 |
Application for an order to stop bullying
On 12 September 2023, Mr Justin Bailey applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Haworth Transport Services Pty Ltd (Haworth Transport) and a person with whom Mr Bailey worked with while he was at work in the business.
There is no dispute that the employment relationship was terminated on 15 September 2023, and that Mr Bailey is no longer at work in Haworth Transport. There is also no present or reasonably foreseeable risk of him continuing to be bullied at work in the business. Mr Bailey has applied under the general protections provisions of the Act for a remedy in relation to his dismissal, including by seeking reinstatement and compensation. The prospect of reinstatement is speculative and reliant on a successful outcome in the proceeding. In the meantime, and for the foreseeable future, the Commission could not make any orders in the matter because it could not be satisfied of the requisite risk to Mr Bailey in relation to his work at Haworth Transport. The application has no reasonable prospects of success.[1]
In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act. If in the future Mr Bailey achieves reinstatement of employment, and again becomes eligible to apply for orders to stop bullying at work in relation to Haworth Transport, there is nothing to prevent him from applying again for such orders from the Commission.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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