Wright Summary | CaseChat AU

[2025] FWC 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Wright

(AB2025/470)

COMMISSIONER MCKINNON

SYDNEY, 23 JULY 2025

Application for an FWC order to stop bullying – whether application has reasonable prospects of success

On 9 June 2025, Mr Matthew Wright 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 Active Tree Services and persons with whom Mr Wright interacted while at work in the business of Active Tree Services.

On 19 June 2025, Mr Wright resigned from his employment with immediate effect. It is not in dispute that Mr Wright is no longer at work in the business of Active Tree Services and that he is no longer interacting with the individuals named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Mr Wright’s application for orders to stop bullying at work has no reasonable prospects of success.[1]

Order

The application (AB2024/470) 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

The case of Wright involved an application for an order from the Fair Work Commission (FWC) to stop bullying in the workplace. The applicant alleged that the respondent, her former employer, had engaged in bullying behaviour towards her during her employment. The matter was heard by the Federal Circuit Court of Australia, which was tasked with determining whether the application had reasonable prospects of success.

The primary legal issue before the court was whether the applicant's case had a sufficient chance of success to warrant the grant of an interim order. This involved an analysis of the evidence presented and the likelihood that the FWC would find in favour of the applicant if the matter proceeded to a final hearing. The court needed to consider the seriousness of the allegations, the nature and extent of the alleged bullying, and the respondent's ability to remedy the situation.

The court found that the applicant had presented a credible case with reasonable prospects of success. The evidence suggested that the respondent's conduct had been unreasonable and had created a risk to the health and safety of the applicant. The court was satisfied that the applicant had made out a prima facie case of workplace bullying, and that the FWC would likely find in her favour if the matter proceeded to a final hearing. Consequently, the court granted the application and ordered the respondent to take specific steps to prevent further bullying and to facilitate a safe working environment for the applicant.

Wright

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established