Waters

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Waters applied to the Fair Work Commission seeking an order to stop bullying at her workplace. The application was made under section 349 of the Fair Work Act 2009. Waters alleged that she was subjected to bullying by her colleagues and supervisors, which led to her suffering from mental health issues and ultimately resigning from her position. The matter was heard by the Commission in its general division.

The primary legal issue before the Commission was whether Waters had a reasonable prospect of success in her application. This required the Commission to consider the evidence presented and assess whether there was sufficient grounds to grant an order to stop the alleged bullying. The Commission also had to determine whether the application was in the public interest and whether it was appropriate to grant the relief sought.

The Commission found that Waters had a reasonable prospect of success in her application. It accepted that the evidence presented demonstrated that Waters had been subjected to a course of conduct that could be described as bullying. The Commission noted that the conduct alleged was of a serious nature and had a significant impact on Waters' mental health and wellbeing. The Commission concluded that an order to stop the bullying was necessary to protect Waters' rights and interests and to ensure that the workplace was safe and free from harassment.

The Commission granted the application and issued an order to stop the bullying at Waters' workplace. The order required the respondents to take all reasonable steps to prevent the alleged bullying from occurring and to provide a safe and healthy work environment for Waters and her colleagues. The order also required the respondents to provide regular reports to the Commission on the steps taken to address the bullying and to comply with any further directions given by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established