Application by the Applicant
Citation: [2026] FWC 2870
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission seeking orders to stop bullying by the Respondent, employed by Illawarra Coal Holdings (the Employer). Following the application, the Respondent's employment was terminated due to a redundancy process involving a reduction in Undermanager roles. The Employer argued that this termination meant there was no ongoing risk of bullying and therefore the Commission lacked jurisdiction.
What was decided
The Fair Work Commission considered whether it had the jurisdiction to hear the Applicant’s application given the Respondent's employment had ended. Section 789FF of the Fair Work Act requires a risk that bullying will continue for an order to be made. The Employer argued, and the Commission agreed, that because the Respondent was no longer employed, there was no such risk. Consequently, the application was dismissed as it lacked reasonable prospects of success.
What it means for employers
Employers should be aware that Fair Work Commission orders regarding bullying require a demonstrated ongoing risk of future bullying. Termination of employment significantly impacts this assessment and can remove the basis for an order to be made.
What it means for employees
Employees seeking protection from bullying through the Fair Work Commission should understand that if the alleged bully is no longer employed, their application may be dismissed due to a lack of ongoing risk.
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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 →