Fair Work Act 2009

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

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

• [1] On 3 April 2025, Mr Gavin Dissel 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 the business of Australia Post and a person with whom Mr Dissel interacted while at work in the business.

• [2] On 14 July 2025, the employment of Mr Dissel was terminated with immediate effect. It is not in dispute that Mr Dissel is no longer at work in the business of Australia Post and that he is no longer interacting with the individual named in the application in any work context. Mr Dissel is seeking reinstatement to his former role through a separate unfair dismissal application. Although the possibility of reinstatement cannot be excluded, it is speculative. On the papers, the Commission could not at this time make any orders in the matter. It follows that Mr Dissel's application for orders to stop bullying at work has no reasonable prospects of success.[1]

• [3] The appropriate course is to dismiss the application under section 587(1)(c) of the Act. If Mr Dissel succeeds in obtaining a remedy of reinstatement in connection with his unfair dismissal claim, and he again becomes eligible to apply for orders to stop bullying at work, he can make a further application to the Commission at the appropriate time.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

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