1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Wood (AB2023/388) COMMISSIONER MCKINNON SYDNEY, 3 OCTOBER 2023 Application for an order to stop bullying [1] On 25 August 2023, Ms Catherine Wood 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 Marist Schools Australia Ltd T/A St Joseph’s College (the College) and persons with whom Ms Wood worked with while she was at work in the College. [2] There is no dispute that the employment relationship has come to an end in connection with the dismissal of Ms Wood, with the result that she is no longer at work in the College. There is accordingly no present or reasonably foreseeable risk of her continuing to be bullied at work in the College. Ms Wood has applied for an unfair dismissal remedy including reinstatement, but the claim is speculative. As things presently stand, the Commission could not make any orders in the matter and for that reason, the application has no reasonable prospects of success.1 [3] In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act. If Ms Wood is reinstated to her previous role in the future, and she again becomes eligible to apply for orders to stop bullying at work in relation to the College, an application can be made to the Commission at the appropriate time. COMMISSIONER Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR766736> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408. [2023] FWC 2532 DECISION