Application by the Applicant
Citation: [2026] FWC 1621
What happened
The Applicant applied to the Fair Work Commission for an order to stop bullying. The application concerned a situation where she and the person named in the application were no longer employed. The Fair Work Commission considered whether there was a risk of bullying continuing.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Deputy President found that, given both the applicant and the named person were no longer employed, there was no risk of bullying continuing. The Commission stated, 'no risk of bullying, if any, continuing – application dismissed'.
What it means for employers
This decision highlights that Fair Work Commission applications require a current risk of harm. Employers should ensure that any bullying complaints are addressed promptly and effectively, but this decision indicates that past issues, where the parties are no longer involved, are unlikely to warrant ongoing intervention from the Commission.
What it means for employees
Employees experiencing bullying should report it promptly. However, this decision suggests that if the individuals involved are no longer employed, it may be difficult to pursue a Fair Work Commission application unless there is a continuing risk of harm.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc1621.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →