Buining

Case

[2025] FWC 1875

2 JULY 2025


[2025] FWC 1875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Buining

(AB2025/458)

COMMISSIONER MCKINNON

SYDNEY, 2 JULY 2025

Application for an FWC order to stop bullying - whether application has reasonable prospects of success

  1. On 3 June 2025, Mr Michael Buining 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 the Australian Electoral Commission and a person with whom Mr Buining interacted while volunteering as a scrutineer.

  1. On 6 June 2025, Mr Buining’s period of volunteering ended. It is not in dispute that Mr Buining is no longer interacting with the individual named in the application in any work context and this is unlikely to change at least for some time. It follows that the Commission could not make any orders in the matter if the case were to proceed to hearing. In the circumstances, I consider that Mr Buining’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order 

  1. The application (AB2025/458) is dismissed under section 587(1)(c) of the Act.  

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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