Cleary
[2024] FWC 1547
•17 JUNE 2024
| [2024] FWC 1547 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Cleary
(AB2024/301)
| COMMISSIONER MCKINNON | SYDNEY, 17 JUNE 2024 |
Application for an order to stop bullying at work
On 29 April 2024, Ms Courtenay Cleary 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 Southern Cross Soloists Music Ltd (Southern Cross Soloists Music) and a person with whom Ms Cleary interacted while at work in the business of Southern Cross Soloists Music (“the person named”).
On 15 May 2024, the person named resigned from their employment. According to Southern Cross Soloists Music (although the business does not rule it out), the person named has no intention of working with the business again. There is a future possibility of a work relationship being resumed, but no indication as to how likely that possibility might be. It is speculative at best.
As the person named is no longer interacting with Ms Cleary while she is at work, the Commission cannot be satisfied that there is a risk that Ms Cleary will continue to be bullied at work by that person. No order can be made to stop the alleged bullying at work. The application has no reasonable prospects of success.[1]
In the circumstances, the application 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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