Application by the Applicant
Citation: [2026] FWC 3241
What happened
the Applicant applied to the Fair Work Commission for a stop bullying order against Yarra Journey Makers Pty Ltd (trading as Yarra Trams). He alleged certain employees engaged in bullying conduct. the Applicant’s employment ended on June 16, 2026. The Commission initially offered him the chance to discontinue the application due to his termination, but he declined. the Respondent sought dismissal of the application.
What was decided
The Fair Work Commission dismissed the Applicant’s application for a stop bullying order. The Deputy President found the Commission lacked jurisdiction because the Applicant’s employment had ended, meaning there was no ongoing risk of future bullying. Section 789FF(1)(b)(ii) of the Fair Work Act requires a risk of continued bullying for a stop bullying order to be made. The Commission did not find that risk existed.
What it means for employers
Employers should be aware that the jurisdiction to issue a stop bullying order requires a risk of future bullying. The end of an employment relationship can remove that jurisdiction, even if past bullying occurred. This highlights the importance of addressing bullying complaints promptly and thoroughly.
What it means for employees
Employees seeking a stop bullying order should be aware that their application may be dismissed if their employment ends. The Fair Work Commission must be satisfied there is a risk of future bullying for a stop bullying order to be granted.
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/2026fwc3241.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
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