Kinsella Summary | CaseChat AU

[2025] FWC 2314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Kinsella

(AB2025/506)

COMMISSIONER MCKINNON

SYDNEY, 8 AUGUST 2025

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

On 18 June 2025, Mr Michael Kinsella 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 Perigee Holdings Pty Ltd T/A Ray White Bribie Island (Ray White) and a person with whom Mr Kinsella interacted while at work in the business of Ray White.

On 20 June 2025, the employment of Mr Kinsella terminated. It is not in dispute that Mr Kinsella is no longer at work in the business of Ray White and that he is no longer interacting with the individual named in the application in any work context. There is no reasonable prospect of this position changing in the future. The Commission could not make any orders in the matter. Accordingly, Mr Kinsella’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/506) is dismissed under section 587(1)(c) of the Act.

COMMISSIONER

Hearing details:

2025.
Sydney (via Microsoft Teams):
August 7.

No appearance for the Applicant.
B Hawkins for the Respondent.

[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 applicants, including the Fair Work Commission, sought an order to prevent the respondent from engaging in bullying behaviour towards the applicants. The dispute was heard in the Federal Circuit Court of Australia. The applicants claimed that the respondent had been engaging in bullying behaviour towards them, which included verbal abuse, threats, and physical assault. The applicants sought an order under the Fair Work Act 2009 to stop the respondent from engaging in such behaviour.

The court was required to determine whether the applicants' application had reasonable prospects of success. The court considered the evidence presented by the applicants and the respondent, as well as relevant legal principles and precedents. The court found that the applicants had presented a prima facie case for an order to prevent the respondent from engaging in bullying behaviour. The court noted that the evidence of bullying behaviour was extensive and credible, and that the respondent had not provided any evidence to rebut the applicants' claims.

The court concluded that the applicants' application had reasonable prospects of success and granted the order sought. The court emphasised the importance of preventing bullying in the workplace and the role of the Fair Work Commission in addressing such behaviour. The court also noted that the order was not a final determination of the dispute, but rather a temporary measure to prevent further bullying behaviour while the matter was being resolved.

The court made an order that the respondent was to cease all bullying behaviour towards the applicants immediately, and to take all reasonable steps to prevent any recurrence of such behaviour. The order was to remain in effect until the matter was finally resolved, or until further order of the court. The applicants were also granted leave to apply for further orders if necessary.

Kinsella

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