Shen

Case

[2025] FWC 509

20 FEBRUARY 2025


[2025] FWC 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Shen

(AB2025/75)

COMMISSIONER MCKINNON

SYDNEY, 20 FEBRUARY 2025

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

  1. On 29 January 2025, Ms Hui Shen 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 BHP WAIO Pty Ltd (BHP WAIO) and persons with whom Ms Shen interacted while at work in the business of BHP WAIO. 

  1. On 5 April 2023, the employment of Ms Shen was terminated. It is not in dispute that Ms Shen is no longer at work in the business of BHP WAIO and that she is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Ms Shen’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order 

  1. The application (AB2025/75) 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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