[1] Shaw v Austra

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

• [1] On 18 June 2025, Mr Michael Kinsella 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 Perigee Holdings Pty Ltd T/A Ray White Bribie Island (Ray White) and a person with whom Mr Kinsella interacted while at work in the business of Ray White.

• [2] On 20 June 2025, the employment of Mr Kinsella terminated. It is not in dispute that Mr Kinsella is no longer at work in the business of Ray White and that he is no longer interacting with the individual named in the application in any work context. There is no reasonable prospect of this position changing in the future. The Commission could not make any orders in the matter. Accordingly, Mr Kinsella's application for orders to stop bullying at work has no reasonable prospects of success.[1]

• [3] The application (AB2025/506) is dismissed under section 587(1)(c) of the Act.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

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