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

Application for an order to stop bullying at work - whether application has reasonable prospects of success - Applicant no longer employed by the employer - application dismissed.

• [1] On 1 September 2025, Mr Murray Giggins applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application is made in relation to Molenaar Australia Pty Ltd (Employer) and a person with whom Mr Giggins interacted with while at work.

• [2] Relevant parties were notified of the Application and advised that I intended to convene an initial conciliation conference of parties on 10 November 2025. On receipt of this notification, representatives for the employer and the person named advised my Chambers that Mr Giggins had resigned from his employment with the employer, effective 16th of October 2025. On this basis, they Respondent sought the application be dismissed.

• [3] On receipt of this advice, I sought confirmation from the Applicant of their position. I further advised that it was my preliminary view that in the event they had resigned and were no longer in the workplace and, therefore, no longer at risk from bullying at work, the Commission would not have jurisdiction to consider their application.

• [4] Both the Applicant and Respondent were requested to advise my Chambers of their position and if they had any objection to the matter being determined on the material before the Commission. The Respondent's position remained unchanged. On 6 October, the Applicant confirmed they had resigned and that they consented to the Commission dismissing the application on the material available.

• [5] In these circumstances, I am satisfied that there is no risk that the Applicant will continue to be bullied at work as they alleged in their application as they are no longer employed. It follows that the Commission could not make any orders in this matter, and the Application has no reasonable prospect of success.[1]

• [6] The application (AB2025/727) 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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