[1] Shaw v Australia and New Zealand Banking Group Limited T/A ANZ Bank; Bianca Haines

s.789FC - Application for an order to stop bullying

• [1] On 4 July 2025, Ms Meta Jackman (Applicant) made an application for an order to stop bullying pursuant to s.789FC of the Fair Work Act 2009 (FW Act) (Application). The Employer/Principal named in the application is The Corporation of the Society of the Missionaries of the Sacred Heart Australia (MSC) (Respondent). The Applicant sought stop bullying orders against three individuals.

• [2] There was no dispute that on 16 July 2025, the Respondent terminated the Applicant's employment.

• [3] It follows that there is no foreseeable risk that the Applicant will continue to be bullied at work by the individuals or group named in the Application. In those circumstances, the Commission does not have jurisdiction to make an order to stop bullying, even if the other preconditions set out in s.789FF are satisfied. Accordingly, the Application has no reasonable prospects of success.[1]

• [4] The Application is dismissed pursuant to s.587(1)(c) of the FW Act.

[1] Shaw v Australia and New Zealand Banking Group Limited T/A ANZ Bank; Bianca Haines [2014] FWC 3408 at [15]-[17]; Application by G.C [2014] FWC 6988 at [165]- [166]; Jeffrey Lyndon Piefke v Rio Tinto Aluminium Limited and Others [2022] FWCFB 140 at [14]- [17]

Printed by authority of the Commonwealth Government Printer