Rosenbaum Summary | CaseChat AU

[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

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.

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

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rosenbaum, the applicant sought an order from the Fair Work Commission (FWC) to cease workplace bullying. The applicant, an employee, alleged that they were subjected to systematic and severe bullying by their employer, which constituted an adverse action under the Fair Work Act 2009 (Cth). The Commission was asked to determine whether the application had reasonable prospects of success, and if so, to grant the order pending final determination.

The primary legal issue before the Court was whether the applicant's allegations were sufficient to establish that the application had reasonable prospects of success. The Court was required to consider the evidence presented and the criteria for assessing reasonable prospects of success. This included evaluating the applicant's claims of bullying, the employer's response, and the likelihood of the applicant proving the allegations at a final hearing.

The Court found that the applicant's allegations, if proven, would indeed amount to adverse action under the Fair Work Act. The evidence suggested that the applicant had experienced sustained and severe bullying, which had a detrimental impact on their health and wellbeing. The Court determined that the applicant had demonstrated a credible case, supported by sufficient evidence, to warrant an interim order. Consequently, the Court found that the applicant's application had reasonable prospects of success and granted the order, pending the final determination of the matter.

Rosenbaum

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established