Rosenbaum

Case

[2025] FWC 2146

23 JULY 2025


[2025] FWC 2146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rosenbaum

(AB2025/537)

COMMISSIONER MCKINNON

SYDNEY, 23 JULY 2025

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

  1. On 27 June 2025, Mrs Malka Rosenbaum 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 JAX Quickfit Franchising Systems Pty Ltd t/as JAX Tyres & Auto (JAX) and a person with whom Mrs Rosenbaum interacted while at work in the business of JAX.

  1. On 7 July 2025, Mrs Rosenbaum was terminated from her employment with immediate effect. It is not in dispute that Mrs Rosenbaum is no longer at work in the business of JAX and that she is no longer interacting with the individual named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mrs Rosenbaum’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

  1. The application (AB2025/537) 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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