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

Application for an FWC order to stop bullying - employment terminated - no reasonable prospects of success - application dismissed

• [1] Haman Lowe applied to the Commission for an order to stop bullying at work under section 789FC of the Fair Work Act 2009.[1] He alleged that he had been bullied whilst at work at Tomago Aluminium Company Pty Ltd. The application named eight individuals as the alleged perpetrators of the bullying.

• [2] On 28 July 2025, the Commission received an email from Josh Paterson, the Senior P&C Business Partner for Tomago Aluminium, which relevantly stated:

"I wish to advise your Chambers that Mr Haman Lowe is no longer employed with Tomago Aluminium. This can be evidenced by Mr Lowe's unfair dismissal application contained in the email attached.

I believe this may mean the Commission no longer has jurisdiction to hear the anti-bullying application scheduled for 12-13 August. Could you please advise on next steps?"

• [3] Attached to Mr Paterson's email was an email chain, which included an email from the Australian Workers' Union to the Commission dated 23 July 2025. The email "attached for filing" a Form F2 - Unfair dismissal application made on behalf of Mr Lowe. That application stated that Tomago Aluminium had dismissed Mr Lowe on 3 July 2025.

• [4] Later on 28 July 2025, I arranged for an email to be sent to Mr Lowe in these terms:

Commissioner Sloan has considered the email from Mr Paterson below, and its attachments. On the information provided, it would appear that Tomago Aluminium Company Pty Limited dismissed you on 3 July 2025.

If that is the case, there is no risk that you will continue to be bullied at work by any of the persons named in your Application in these proceedings. Such a risk is a mandatory pre-condition to the Commission making an order to stop bullying under s 789FF of the Fair Work Act 2009. Consequently, the Commission could make no orders in this matter. On that basis, the Commissioner has formed the provisional view that the Application has no reasonable prospects of success.

The Commissioner invites you to respond to his provisional view.

If you agree with the Commissioner's provisional view, we invite you to discontinue these proceedings. Otherwise, the Commissioner will consider any response you provide to this email and determine whether the matter ought to be dismissed.

We request your response by 4.00pm on Friday, 1 August 2025."

• [5] We have not received a response to that email.

• [6] On the information available to me, it would appear to be undisputed that Mr Lowe's employment with Tomago Aluminium came to an end on 3 July 2025. As he is no longer at work with the company, I can safely assume that he will no longer be interacting in any work context with the persons named in his application for a stop bullying order.

• [7] It follows that there is no risk that Mr Lowe will continue to be bullied at work by any of those persons. Such a risk is a mandatory pre-condition to the Commission making an order to stop bullying under section 789FF. Consequently, the Commission could make no orders in the matter.

• [8] As a result, Mr Lowe's application has no reasonable prospects of success.[2] The only appropriate order is that the application be dismissed.

• [9] The application is dismissed under section 587(1)(c) of the Fair Work Act 2009.

[1] In this decision, all references to legislative provisions are to provisions of the Fair Work Act

[2] Mitchell Shaw v Australia and New Zealand Banking Group Limited T/A ANZ Bank; Bianca Haines [2014] FWC 3408 at [17]

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