Watson
[2024] FWC 3170
•18 NOVEMBER 2024
| [2024] FWC 3170 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Watson
(AB2024/722)
| COMMISSIONER MCKINNON | SYDNEY, 18 NOVEMBER 2024 |
Application for an order to stop bullying at work – whether application has reasonable prospects of success
On 19 September 2024, Mr Bruce Watson 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 U3A Geelong Inc. (U3A Geelong) and a member of the U3A Geelong Committee of Management while he was engaged to perform work as an Honorary Tutor on a volunteer basis.
On 11 July 2024, Mr Watson resigned as a member of U3A Geelong and also from his tutorship role in the business, giving notice that his resignation would take effect on 21 September 2024. On 21 August 2024, Mr Watson purported to withdraw his resignation from the role of Honorary Tutor. However, there is no unilateral right to withdraw a resignation once given.[1] There is also no evidence that the purported withdrawal has been agreed to or accepted by U3A Geelong. To the contrary, U3A Geelong’s Management Committee has passed a motion to reject any application for future membership, tutorship or any other voluntary position within U3A Geelong.
The result is that Mr Watson is no longer at work in the business of U3A Geelong and is no longer interacting with the individual named in the application while he is at work. To the extent that the parties continue to interact, it is no longer in the context of any work relationship.
In the circumstances, the Commission could not make any orders in the matter. Accordingly, the application for orders to stop bullying at work has no reasonable prospects of success.[2]
Order
The application (AB2024/722) is dismissed under section 587(1)(c) of the Act.
COMMISSIONER
Hearing details:
Determined on the papers.
[1] CFC Employment Trust trading as the CFC Employment Trust T/A Centurion Transport [2016] FWC 9176, citing Birrell v Australian National Airlines Commission [1984] FCA 378.
[2] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.
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