Macpherson [2025] FWC 1468 (29 May 2025)

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

• [1] On 5 May 2025, Ms Anthea Macpherson 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 Australian Rail Track Corporation Limited (ARTC) and persons with whom Ms Macpherson interacted while at work in the business of ARTC.

• [2] On 24 April 2025, Ms Macpherson sent an email notifying ARTC of her resignation. It was mutually agreed that Ms Macpherson's resignation would take effect on 5 May 2025. At the time of writing, Ms Macpherson is no longer a worker or at work in the business of ARTC and for this reason is no longer interacting with the individuals named in the application in any work context. There is no information before me to indicate that this is likely to change in the near future, although I accept that Ms Macpherson may continue to work in the same industry.

• [3] As I am unable to be satisfied of the risk that Ms Macpherson will continue to be bullied at work by the individuals named in her application, I could not make any orders in the matter. Accordingly, Ms Macpherson's application for orders to stop bullying at work has no reasonable prospects of success.[1]

• [4] The application (AB2025/363) 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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