Amanda Jones v FCF Fire and Electrical – 10 Pty Ltd
Commissioner Mckinnon
Not yet cited by other cases
Applicant: Amanda Jones
Respondent: FCF Fire and Electrical – 10 Pty Ltd
Ratio
An application for a stop bullying order under s.789FC of the Fair Work Act 2009 must have reasonable prospects of success. Where the applicant has already resigned and is no longer at work in the business and no longer interacts with the respondent in any work context, with no prospect of this changing in the foreseeable future, the Commission cannot make any orders and the application must be dismissed as having no reasonable prospects of success.
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 · 6
- Ms Jones applied for an order to stop bullying at work under s.789FC on 29 May 2025
- Ms Jones resigned from her employment with FCF on 23 May 2025, with last day 30 May 2025
- Ms Jones is no longer at work in the business of FCF
- Ms Jones is no longer interacting with the individual named in the application in any work context
- There is no prospect of Ms Jones returning to work at FCF in the foreseeable future
- The matter was determined on the papers
Factors
For
Against
- Applicant has already resigned and is no longer employed
- Applicant is no longer at work in the business
- Applicant is no longer interacting with the respondent in any work context
- No prospect of circumstances changing in the foreseeable future
- Commission cannot make orders that would have any practical effect
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 must have reasonable prospects of success in order to proceed. Where an applicant is no longer at work in the business and no longer interacting with the respondent in any work context, with no prospect of circumstances changing in the foreseeable future, the Commission cannot make any orders and the application has no reasonable prospects of success.
Referenced in relation to the requirement that an application must have reasonable prospects of success for the Commission to entertain it.
Cases cited in this decision · 1
Cited
[2014] FWC 3408
— Mitchell Shaw v Australia and New Zealand Banking Group Limited (ANZ); Bianca Haines
"…025/438) is dismissed under section 587(1)(c) of the Act. COMMISSIONER Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR788190> 1 Shaw v Australian and New...…"
Archived text (249 words)
1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Jones (AB2025/438) COMMISSIONER MCKINNON SYDNEY, 2 JULY 2025 Application for an order to stop bullying at work – whether application has reasonable prospects of success [1] On 29 May 2025, Ms Amanda Jones 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 the business of FCF Fire and Electrical – 10 Pty Ltd (FCF) and a person with whom Ms Jones interacted while at work in the business. [2] On 23 May 2025, Ms Jones resigned from her employment with FCF and informed FCF that her last day would be 30 May 2025. It is not in dispute that Ms Jones is no longer at work in the business of FCF and that she is no longer interacting with the individual named in the application in any work context. On the papers, there is no prospect of this changing in the foreseeable future. The Commission could not make any orders in the matter and Ms Jones’ application for orders to stop bullying at work has no reasonable prospects of success.1 Order [3] The application (AB2025/438) is dismissed under section 587(1)(c) of the Act. COMMISSIONER Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR788190> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408. [2025] FWC 1642 DECISION