[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 5 January 2026, Mr Jeffrey Burkitt 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 Topcoat Asphalt Contractors Pty Ltd (Topcoat) and persons with whom Mr Burkitt may have interacted while at work in the business of Topcoat.

• [2] The application was made in circumstances where on 22 December 2025, Mr Burkitt's employment had been terminated. It is not in dispute that he was not a worker in the relevant sense at the time the application was made, and that he is no longer at work in the business of Topcoat or interacting with the individuals named in the application in any current work context. The Commission could not make any orders in the matter. Accordingly, the application for orders to stop bullying at work has no reasonable prospects of success.[1]

[3] The application (AB2026/4) 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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