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

Application for an order to stop bullying - application dismissed

[1] This decision concerns an application made by Allan Jackman under s 789FC of the Fair Work Act 2009 (Act) for an anti-bullying order against the Melbourne and Olympic Park Trust (respondent). On 4 February 2026, the respondent advised the Commission that it had terminated Mr Jackman's employment. On 5 February 2026, I advised the parties that in these circumstances, it appears to me that even if Mr Jackman was subject to bullying in the past, which the respondent denied, there could be no risk that he will 'continue to be bullied at work' in the future, and that therefore the requirement of 789FF(1)(b)(ii) of the Act was not met. I advised the parties that I proposed to dismiss the application after 2.00pm on Monday 9 February 2026, and that any submission Mr Jackman may wish to make about these matters should be sent to the Commission before that time.

[2] Mr Jackman's employment with the respondent has ended. There is no basis to apprehend any risk that he will continue to be bullied at work. The presence of such a risk is a necessary condition for the making of an anti-bullying order. I therefore have no power to make such an order. For this reason, Mr Jackman's anti-bullying application is dismissed.

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