Waters
[2025] FWC 506
•20 FEBRUARY 2025
| [2025] FWC 506 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Waters
(AB2024/925)
| COMMISSIONER MCKINNON | SYDNEY, 20 FEBRUARY 2025 |
Application for an order to stop bullying at work – whether application has reasonable prospects of success
On 2 December 2024, Ms Carmen Waters 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 MindChamps Early Learning 1 Pty Ltd t/a MindChamps Early Learning & Preschool Warriewood (Early Learning) and a person with whom Ms Waters interacted while at work in the business of Early Learning.
On the papers, Ms Waters resigned from her employment with Early Learning and her resignation took effect on 13 December 2024. It is not in dispute that Ms Waters is no longer at work in the business of Early Learning. The Commission could not be satisfied that there is a future risk of Ms Waters being bullied at work and could not make any orders in the matter. Accordingly, Ms Waters’ application for orders to stop bullying at work has no reasonable prospects of success.[1]
Order
The application (AB2024/925) 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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