Wakefield
[2025] FWC 2173
•25 JULY 2025
| [2025] FWC 2173 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Wakefield
(AB2025/559)
| COMMISSIONER MCKINNON | SYDNEY, 25 JULY 2025 |
Application for an FWC order to stop bullying – applicant not a “worker” at the time of application
On 9 July 2025, Mr Guy Wakefield 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 the Trustee for Sartor Family Trust t/as Sartor Brisbane Concrete Services (Sartor) and persons with whom Mr Wakefield interacted while at work in the business of Sartor.
Under s,789FC, a worker who reasonably believes that they have been bullied at work may apply to the Commission for an order to stop bullying at work. At the time of the application, Mr Wakefield was not a worker in relation to the application. He had ceased employment with Sartor approximately one month earlier. To the extent that Mr Wakefield has had further interactions with those connected to his former employment, these did not occur while he was at work in the business of Sartor.
It follows that Mr Wakefield was not entitled to apply to the Commission under s.789FC in relation to his former employment with Sartor at the time the application was made. The application is incompetent and will be dismissed.
Order
The application (AB2025/559) is dismissed under section 587(1)(c) of the Act.
COMMISSIONER
Determined on the papers.
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