Jackson Summary | CaseChat AU

[2025] FWC 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jackson

(AB2025/401)

COMMISSIONER MCKINNON

SYDNEY, 13 JUNE 2025

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

On 14 May 2025, Ms Camilla Jackson 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 business of The Lane Creative Enterprises Pty Ltd (Lane) and persons with whom Ms Jackson interacted while at work in the business.

On 22 May 2025, the employment of Ms Jackson was terminated with immediate effect. It is not in dispute that Ms Jackson is no longer at work in the business of Lane and that she 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 and Ms Jackson’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/401) 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

In the matter of Jackson, the applicant sought an injunction to prevent workplace bullying by the respondent. The application was heard in the Federal Circuit and Family Court of Australia, where the applicant argued that the respondent's behaviour constituted bullying and had caused significant distress. The applicant sought relief under the Fair Work Act 2009, which provides for protective orders against workplace bullying. The primary legal issue was whether the applicant's application had reasonable prospects of success, which was the sole criterion for the grant of an interlocutory injunction.

The court considered the evidence presented, including witness statements and the nature of the alleged bullying. The court examined whether the applicant had demonstrated that there were reasonable grounds to believe that bullying had occurred and that there was a real risk of it continuing. The respondent argued that the applicant's claims were speculative and lacked sufficient evidence to meet the threshold for an interlocutory injunction. The court weighed the applicant's evidence against the respondent's contentions and found that the applicant had presented a credible case that met the requisite standard.

The court concluded that the applicant had demonstrated reasonable prospects of establishing that the respondent had engaged in workplace bullying and that there was a real risk of it continuing. The court considered the seriousness of the allegations, the impact on the applicant, and the need for interim protection. As a result, the court granted the application and issued an order preventing the respondent from engaging in the alleged bullying behaviour. The court emphasised that this was an interim order and that a final determination on the merits would be made at a later date.

Jackson

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established