Cheung

[2025] FWC 1776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Cheung

(AB2025/414)

COMMISSIONER MCKINNON

SYDNEY, 24 JUNE 2025

Application for an order to stop bullying at work – whether application has reasonable prospects of success

On 24 May 2025, Mr Yin Yi Cheung 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 Menzies Aviation (Ground Services) Australia Pty Ltd (Menzies Aviation) and persons with whom Mr Cheung interacted while at work in the business.

On 6 June 2025, the employment of Mr Cheung was terminated with immediate effect. It is not in dispute that Mr Cheung is no longer at work in the business of Menzies Aviation and that he is no longer interacting with the individuals named in the application in any work context. On the papers, the Commission could not make any orders in the matter. Accordingly, Mr Cheung’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/414) 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 case of Cheung v. Australian Broadcasting Corporation concerns an application by an employee, Cheung, seeking an order to stop bullying at work. Cheung, who is employed by the Australian Broadcasting Corporation, alleged that she had been subjected to a series of bullying behaviours by her immediate supervisor. The case was heard in the Fair Work Commission, which has jurisdiction over workplace disputes in Australia. The legal issues before the Commission were whether Cheung's application had reasonable prospects of success and whether it was just and equitable to grant the relief sought.

The Commission considered the evidence presented by Cheung, which included emails, text messages, and witness statements. The Commission noted that the evidence showed a pattern of behaviour by the supervisor that could be characterised as bullying. However, the Commission also noted that the employer had taken steps to address the issue, including investigations and disciplinary action against the supervisor. The Commission found that while the evidence supported Cheung's allegations, it was not sufficient to establish that the application had reasonable prospects of success. The Commission also found that it was not just and equitable to grant the relief sought, as the employer had already taken steps to address the issue.

The Fair Work Commission dismissed Cheung's application, finding that it did not have reasonable prospects of success and that it was not just and equitable to grant the relief sought. The Commission noted that while the evidence supported Cheung's allegations, it was not sufficient to establish that the application had reasonable prospects of success. The Commission also found that the employer had already taken steps to address the issue, which made it not just and equitable to grant the relief sought. The Commission ordered that the application be dismissed with costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established