1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Application by Majd Rustom (AB2024/655) COMMISSIONER LEE MELBOURNE, 8 OCTOBER 2024 Application for an FWC order to stop bullying-Applicant resigned from employment-no future risk-application dismissed Introduction [1] This is an edited version of my decision delivered ex tempore and recorded in transcript on 7 October 2024. I dismissed the application and will issue an order1 to that effect. [2] Section 587 of the Act provides the power for the Commission to dismiss an application in various circumstances under subsection (1) including, the application has no reasonable prospects of success. [3] This is an application for a stop bullying order and at the time the application was made the Applicant, Mr Rustom, was an employee of Western Health. Prior to the matter being substantially dealt with by the Commission, the Commission has been made aware that the Applicant in the matter has resigned from his employment and that the employment relationship with Western Health will come to an end at close of business on Thursday of this week, that being the 10th of October. [4] Further, Ms Hill has advised e at the hearing today and confirmed by the Applicant, that at this time he is no longer required to perform any work for the employer and is not required to interact with the employer in any way including, relevantly, Ms Hill who is the person named in this particular application. [5] The Applicant has conceded today during the hearing that aside from the remote possibility that he may in the future work again at Western Health and that again, he may, if he was working at Western Health be bullied, presumably by Ms Hill, for the purposes of this application which would be a remote prospect. [6] In any event for the purposes of this application its conceded by the Applicant that there is not a risk that he will continue to be bullied at work by an individual that being the person 1 PR780039. 2024 FWC 2786 DECISION 2024 FWC 2786 2 named, Ms Hill in respect of his employment at Western Health at this time which is coming to an end on Thursday. [7] That being the case the Commission will not be in a position to be satisfied that there is a risk that the worker will continue to be bullied at work and for that reason I’m satisfied that the application has no reasonable prospects of success. The risk of further bullying is a mandatory requirement of the Act that the Commission has to be satisfied of to make an order or a stop bullying order in respect of this type of application. [8] I am therefore satisfied that the application has no reasonable prospects of success. The application is dismissed. This file is closed and that concludes the proceedings in respect of the Applicant’s anti-bullying matter. COMMISSIONER Appearances: Mr M Rustom, the Applicant Ms D Hill, for the Respondent Hearing details: 7 October 2024. Melbourne. Printed by authority of the Commonwealth Government Printer <PR780009>