the Applicant v Sydney Trains
What happened
the Applicant appealed a Fair Work Commission decision made on May 14, 2026, by the Commissioner. The original decision dismissed the Applicant’s application for anti-bullying orders against named individuals at Sydney Trains. the Commissioner found that there was no evidence suggesting she would be certified fit to work with those individuals and that she had sought the order to punish them. the Applicant argued several points, including disputing the finding of no present risk of bullying and alleging denial of procedural fairness.
What was decided
A Full Bench of the Fair Work Commission refused the Applicant permission to appeal the earlier decision. The bench found that her grounds for appeal did not reveal a cogent arguable case of error. They noted the Commissioner’s finding was supported by the evidence and there was no basis to doubt its correctness. Permission to appeal was also denied because it wasn't in the public interest, as the Applicant could reapply if circumstances changed.
What it means for employers
Employers should ensure they have robust processes for addressing workplace bullying complaints and documenting any medical assessments related to an employee’s return to work. Decisions are based on evidence so gathering appropriate information is key.
What it means for employees
Employees seeking anti-bullying orders need to provide sufficient evidence of a risk of future bullying. Repeated applications may be dismissed, potentially leading to cost implications if deemed frivolous.
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