Dr Heather Builth v Gobawarrah Yinhawangka Aboriginal Corporation (GYAC)
Commissioner Mckinnon
Not yet cited by other cases
Applicant: Dr Heather Builth
Respondent: Gobawarrah Yinhawangka Aboriginal Corporation (GYAC)
Ratio
An application for an order to stop bullying under s.789FC of the Fair Work Act 2009 has no reasonable prospects of success where the applicant is no longer employed and no longer interacting with the respondents in any work context, as the Commission cannot make orders to stop conduct that is not ongoing or imminent.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Dr Heather Builth applied for a stop bullying order on 19 December 2025
- The application related to Gobawarrah Yinhawangka Aboriginal Corporation (GYAC) and persons with whom Dr Builth may have interacted at work
- Dr Builth's employment was terminated on 30 January 2026
- Dr Builth is no longer employed by GYAC and no longer interacting with the individuals named in the application in any current work context
Factors
For
Against
- Applicant is no longer employed at GYAC
- Applicant is no longer interacting with respondents in any current work context
- No ongoing bullying conduct to order cessation of
Legislation referenced
- Fair Work Act 2009 (Cth) s.789FC
- Fair Work Act 2009 (Cth) s.587(1)(c)
Concept tags · 2
Principles · 2
articulates para 2
An application for an order to stop bullying at work under s.789FC cannot succeed where the applicant is no longer employed and no longer interacting with the respondents in any work context, as the Commission has no power to make orders in such circumstances.
Referenced as authority for the proposition that an application for stop bullying orders has no reasonable prospects of success where the applicant is no longer in the relevant work relationship.
Cases cited in this decision · 1
Cited
[2014] FWC 3408
— Mitchell Shaw v Australia and New Zealand Banking Group Limited (ANZ); Bianca Haines
"…ms Appearances: [2026] FWC 903 DECISION [2026] FWC 903 2 Dr H Builth on her own behalf J Walker on behalf of GYAC Printed by authority of the Commonwealth Government Printer <PR797795> 1 Shaw v Australian and New...…"
Archived text (236 words)
1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Heather Builth (AB2025/1070) COMMISSIONER MCKINNON SYDNEY, 19 MARCH 2026 Application for an order to stop bullying at work – whether application has reasonable prospects of success [1] On 19 December 2025, Dr Heather Builth 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 Gobawarrah Yinhawangka Aboriginal Corporation (GYAC) and persons with whom Dr Builth may have interacted while at work. [2] On 30 January 2026, Dr Builth’s employment was terminated. It is not in dispute that she is no longer at work in GYAC and that she is no longer interacting with the individuals named in the application in any current work context. The Commission could not make any orders in the matter. Accordingly, and for the reasons given on transcript today, the application for orders to stop bullying at work has no reasonable prospects of success.1 Order [3] The application (AB2025/1070) is dismissed under section 587(1)(c) of the Act. COMMISSIONER Hearing details: March 19: Sydney via Microsoft Teams Appearances: [2026] FWC 903 DECISION [2026] FWC 903 2 Dr H Builth on her own behalf J Walker on behalf of GYAC Printed by authority of the Commonwealth Government Printer <PR797795> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.