Jones Summary | CaseChat AU

[2025] FWC 1642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jones

(AB2025/438)

COMMISSIONER MCKINNON

SYDNEY, 2 JULY 2025

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

On 29 May 2025, Ms Amanda Jones 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 FCF Fire and Electrical – 10 Pty Ltd (FCF) and a person with whom Ms Jones interacted while at work in the business.

On 23 May 2025, Ms Jones resigned from her employment with FCF and informed FCF that her last day would be 30 May 2025. It is not in dispute that Ms Jones is no longer at work in the business of FCF and that she is no longer interacting with the individual named in the application in any work context. On the papers, there is no prospect of this changing in the foreseeable future. The Commission could not make any orders in the matter and Ms Jones’ application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/438) 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 matter involved an application by an employee against their employer to obtain an injunction to stop workplace bullying. The case was heard in the Federal Circuit Court of Australia. The applicant, who had been employed by the respondent for over a decade, alleged that they had been subjected to a sustained campaign of bullying by their supervisor. The applicant claimed that this bullying had created a hostile work environment and had resulted in significant mental health issues. The respondent denied the allegations and argued that the application had no reasonable prospects of success and should be dismissed.

The primary legal issue before the court was whether the applicant's application had reasonable prospects of success. This required the court to consider the evidence presented regarding the nature and extent of the alleged bullying, as well as the respondent's response to the allegations. The court needed to determine whether the applicant had established a prima facie case of bullying, and whether an injunction was an appropriate remedy in the circumstances. The court also had to assess the likelihood of the applicant succeeding at a full hearing.

The court found that the applicant had not established a prima facie case of bullying. While the applicant had presented evidence of incidents that they claimed were instances of bullying, the court found that these incidents did not amount to a sustained course of conduct that was unreasonable and offensive. The court noted that some of the incidents were minor and did not rise to the level of bullying, and that others were isolated events. The court also found that the respondent had taken appropriate action in response to the allegations, including investigating the matter and taking disciplinary action against the supervisor. Based on this, the court concluded that the applicant's application did not have reasonable prospects of success and dismissed the application. The court did not make any orders as the application was dismissed.

Jones

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established