Sidebottom
[2024] FWC 1544
•17 JUNE 2024
| [2024] FWC 1544 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Sidebottom
(AB2024/309)
| COMMISSIONER MCKINNON | SYDNEY, 17 JUNE 2024 |
Application for an order to stop bullying at work
On 30 April 2024, Mr Philip Sidebottom 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 Progroup Management Pty Ltd (Progroup) and a person with whom Mr Sidebottom interacted while he was at work in the business of Progroup.
Mr Sidebottom was employed by ACR World, a labour hire company. He provided contract services to Progroup through ACR World. In early February 2024, Progroup ceased engaging Mr Sidebottom’s services with the result that he is no longer at work in the business of Progroup and is no longer interacting with the individual named in his application as having engaged in bullying behaviours toward him.
In the circumstances, the Commission cannot be satisfied that there is a risk that Mr Sidebottom will continue to be bullied at work by the individual named in his application. It follows that no orders to stop the alleged bullying behaviour can be made. The application has no reasonable prospects of success.[1]
In the circumstances, the appropriate course is to dismiss the application 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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