Macdonald [2025] FWC 3687 (4 December 2025)

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 16 September 2025, Mr Andrew Macdonald 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 Mr Jesse Ross, described as 'co-founder' of Volando Tequila.

• [2] Mr Macdonald was engaged as the CEO of Volando Tequila LLC (a company based in Texas, USA). He was also the sole Director and Secretary of Volando Group Pty Ltd (Volando Group). On 11 August 2025, Mr Macdonald resigned from the positions of Director and Secretary of 'Volando Tequila' and ceased performing any work for either business. On 25 August 2025, Mr Ross wrote to Mr Macdonald asserting that his resignation was "invalid" and notifying what it described as "multiple breaches of your Independent Contractor Agreement".

• [3] Except in connection with this application, there has been no contact between the parties since that date, and Mr Macdonald has not performed any duties for, or been paid any money by, Volando Tequila or its subsidiary, Volando Group.

• [4] In the circumstances, I find that Mr Macdonald is no longer at work in the business of Volando Tequila or Volando Group. He is no longer interacting with Mr Ross in any work context. As things presently stand, the Commission could not make any orders in the matter and Mr Macdonald's application for orders to stop bullying at work has no reasonable prospects of success.[1]

• [5] The application (AB2025/778) 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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