1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Hearnes (AB2023/219) COMMISSIONER MCKINNON SYDNEY, 7 AUGUST 2023 Application for an order to stop bullying [1] On 3 June 2023, Mr Ian Hearnes 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 East Gippsland Catchment Management Authority (the Authority) and persons with whom Mr Hearnes worked while he was at work in the business of the Authority. [2] With effect from 5 June 2023, Mr Hearnes resigned from his employment with the Authority. Both Mr Hearnes and the Authority have advised the Commission that there is no likely prospect of any resumption of the work relationship in the future. [3] On the facts, and because Mr Hearnes is no longer at work in the business of the Authority, there is no foreseeable risk that he will continue to be bullied while at work in that business. Accordingly, the Commission could not make any orders in the matter. The application has no reasonable prospects of success.1 [4] In the circumstances, the appropriate course is to dismiss the application under section 587(1) of the Act. COMMISSIONER Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR764935> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408. [2023] FWC 1946 DECISION