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

Mrs Christina Salvos, Eliza O'Sullivan, Simple Separation T/A Simple Separation Australia Pty Ltd

Application for an FWC order to stop bullying - no reasonable prospects of success - dismissed pursuant to s.587 of the Fair Work Act 2009.

[1] On 10 December 2025, Mrs Claire Harrison lodged an application for an order to stop bullying under s.789FC of the Fair Work Act 2009 (the Act) with the Commission.

[2] The Respondents to Mrs Harrison's application, Ms Christina Salvos, Ms Eliza O'Sullivan and Simple Separation T/A Simple Separation Australia Pty Ltd filed Form F73 and F74 responses to the Application on 18 December 2025, objecting to the Application on the basis that the alleged bullying was reasonable management action.

[3] On 14 January, I listed the matter for conference at 10:00AM on 2 March 2026. Mrs Harrison contacted my Chambers, expressing her displeasure with how far away that date was. On 20 January, my Chambers wrote to the parties advising that an earlier listing, on 22 January was available due to another matter discontinuing, and asked the parties to advise if they were available at that time.

[4] The Commission received no response to this correspondence from the Applicant, but the Respondent, Simple Separation, wrote to my Chambers on 20 January noting that:

Mrs Harrison resigned from her employment effective immediately on 14 January 2026. I have accepted the resignation and paid her notice period in lieu. A copy of the acceptance of resignation letter is attached.

As the employment relationship has ended, there is no ongoing risk of the alleged conduct continuing.

Please advise if the Commission requires any further information.

[5] In response to the above correspondence, my Chambers wrote to the Applicant, asking whether, in the circumstances, she now wished to withdraw her application. No response to this correspondence was received.

[6] On 19 February, Simple Separation wrote again to my Chambers, noting again that:

For the Commission's awareness, Mrs Harrison's employment ended on 21 January 2026. She has not performed any duties since that date, and we have not received any contact from her in relation to her employment or this matter. To our understanding, she has also not contacted us or the Commission since her resignation.

[7] The next day (Friday 20 February), my Chambers attempted to call the Applicant twice, both calls were unanswered and there was no ability to leave a message with the Applicant. Later that day, my Chambers sent the following correspondence to the Applicant:

I attempted to call you twice this morning but both calls were unanswered. If you have anything to submit in response to the below correspondence [the correspondence sent by the Respondent on 19 February], please do so by no later than 4:00PM on Wednesday, 25 February 2026. If you do not make contact with the Commission by that time, your application will be dismissed under s.587 of the Fair Work Act 2009 (Cth).

[8] Later that day, Mrs Harrison sent a brief email to my Chambers, noting that "I attend to call on Monday with my response." No call was made by the Applicant to my Chambers on Monday 23 February 2026, or afterwards.

[9] Section 587 of the Act provides:

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

(a) on its own initiative; or

(b) on application.

• [10] The application initiated by Mrs Harrisson seeks an order under section 789FF of the Act. A pre-requisite to the making to such an order is the Commission being satisfied there is risk that the person bringing the application will continue to be bullied at work by an individual or group who had bullied that person at work. In a case such as this, where the bullying is said by the applicant to have arisen in the context of an employment relationship and the bullying is said to have been engaged in by the applicant's manager and a director of the employing entity, the risk of future bullying at work becomes non-existent, or at least very remote, once that relationship comes to an end.[1] Mrs Harrison has been given an opportunity to explain why her present application ought not be dismissed in these circumstances, and has failed to do so. Separately, I have searched our case management system and could identify no dismissal related application having been made by Mrs Harrison against the respondent.

[11] Having considered the provisions set out in s.587 of the Act, the factual circumstances of the case and having made inquiries of the Commission's internal systems, I am satisfied that the application has no reasonable prospect of success.

[12] Accordingly, I order that Mrs Harrison's application for an order to stop bullying is dismissed pursuant to s.587(3)(a) of the Act. This does not preclude Ms Harrison from bring a further application, should she choose to do so.

[1] Greenan v. Vilensky & Ors [2025] FWCFB 61 [68]-[75].

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