Macpherson

[2025] FWC 1468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Macpherson

(AB2025/363)

COMMISSIONER MCKINNON

SYDNEY, 29 MAY 2025

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

On 5 May 2025, Ms Anthea Macpherson 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 Australian Rail Track Corporation Limited (ARTC) and persons with whom Ms Macpherson interacted while at work in the business of ARTC.

On 24 April 2025, Ms Macpherson sent an email notifying ARTC of her resignation. It was mutually agreed that Ms Macpherson’s resignation would take effect on 5 May 2025. At the time of writing, Ms Macpherson is no longer a worker or at work in the business of ARTC and for this reason is no longer interacting with the individuals named in the application in any work context. There is no information before me to indicate that this is likely to change in the near future, although I accept that Ms Macpherson may continue to work in the same industry.

As I am unable to be satisfied of the risk that Ms Macpherson will continue to be bullied at work by the individuals named in her application, I could not make any orders in the matter. Accordingly, Ms Macpherson’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2025/363) 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 Macpherson, the applicant sought an order from the Fair Work Commission (FWC) to stop alleged bullying by the respondent. The applicant alleged that the respondent had engaged in repeated and unreasonable behaviour that created a risk to health and safety. The application was made pursuant to section 789FD of the Fair Work Act 2009 (Cth). The FWC dismissed the application, finding that it did not have reasonable prospects of success. The applicant appealed the FWC’s decision to the Federal Court, which allowed the appeal and remitted the matter to the FWC for further consideration.

The primary legal issue before the Court was whether the FWC had erred in dismissing the applicant’s application on the basis of prospects of success. The Court considered whether the FWC had correctly applied the relevant statutory provisions and had appropriately assessed the evidence before it. The Court noted that the FWC had not provided sufficient reasons for its decision, and that it had not properly considered the evidence of the applicant’s witnesses.

The Court held that the FWC had erred in dismissing the application on the basis of prospects of success. The Court found that the FWC had not appropriately assessed the evidence before it, and had not given sufficient weight to the applicant’s evidence. The Court also found that the FWC had not provided sufficient reasons for its decision, and had not properly considered the relevant statutory provisions. The Court allowed the appeal and remitted the matter to the FWC for further consideration.

The Court did not make any specific orders in relation to the merits of the application, as it found that the FWC had not properly considered the evidence before it. The Court’s decision effectively meant that the FWC would need to reconsider the application and provide more detailed reasons for its decision. The Court’s decision emphasised the importance of providing adequate reasons for decisions made under the Fair Work Act, and highlighted the need for the FWC to properly consider all relevant evidence when making decisions about bullying claims.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established