[1] Shaw v Australian and New Zealand Banking Group Limited & Anor

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

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

[1] On 22 December 2025, Ms Vivienne Hardy 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 Gobawarrah Yinhawangka Aboriginal Corporation (GYAC) and persons with whom Ms Hardy may have interacted while at work.

• [2] On 30 January 2026, Ms Hardy's employment was terminated. It is not in dispute that she is no longer at work in GYAC and that she is no longer interacting with the individuals named in the application in any current work context. The Commission could not make any orders in the matter. Accordingly, and for the reasons given on transcript today, Ms Hardy's application for orders to stop bullying at work has no reasonable prospects of success.[1]

[3] The application (AB2025/1075) 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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