Buining

[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

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.

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

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant in the matter, Buining, made an application to the Federal Circuit Court of Australia seeking an order to stop bullying. The application arose from a workplace dispute where the applicant alleged that she had been subjected to bullying by her employer, which was said to have resulted in her dismissal. The primary legal issue before the court was whether the application had reasonable prospects of success. This involved assessing the evidence presented by the applicant to determine whether the allegations of bullying were plausible and if the applicant could be reinstated under section 370 of the Fair Work Act 2009.

The court considered the evidence provided by the applicant and the employer, as well as the principles established in previous cases concerning workplace bullying and reinstatement. It was noted that the applicant had provided a detailed account of the alleged bullying, supported by emails and witness statements. The court also took into consideration the employer's denial of the allegations and their evidence to the contrary. Ultimately, the court found that the applicant's evidence was sufficient to establish reasonable prospects of success, particularly in light of the seriousness of the allegations and the potential consequences for the applicant if the bullying continued. The court held that the applicant's application had reasonable prospects of success and granted the order sought.

The court's decision was based on a careful assessment of the evidence presented and the legal principles relevant to workplace bullying and reinstatement. The court found that the applicant's evidence was credible and that the alleged bullying was sufficiently serious to warrant an order to stop the conduct. The court also noted that the potential consequences for the applicant if the bullying continued were significant, and that it was in the interests of justice to grant the order sought. The final orders made by the court included an order to stop the alleged bullying and an order for the employer to provide the applicant with a reference.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established