1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Dempsey Warren (AB2026/150) DEPUTY PRESIDENT BELL MELBOURNE, 21 MAY 2026 Application for an FWC order to stop bullying - no reasonable prospect of success - dismissed pursuant to s.587(1)(c). [1] On 26 February 2026, Mr Dempsey Warren 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 his employer, PPG Industries, and persons with whom Mr Warren interacted while at work for PPG Industries. [2] It is not in dispute that Mr Warren is no longer at work at PPG Industries. Mr Warren advised Chambers on 5 May 2026 his employment had been terminated, which was subsequently confirmed by the employer’s representative. [3] At a conference before me on 13 May 2026 I informed the parties of my provisional view that the application should be dismissed. This was because, as Mr Warren was no longer employed by PPG Industries, the Commission could not be satisfied that there is a future risk of Mr Warren being bullied at work and could not make any orders in the matter. Accordingly, Mr Warren’s application for orders to stop bullying at work had no reasonable prospects of success.1 [4] Mr Warren was given the opportunity until close of business Monday 18 May 2026 to advise my Chambers if he disagreed with my provisional view, or wished to discontinue his application. Parties were advised I would otherwise determine whether the matter should be dismissed on the papers. No further response has been received from Mr Warren. [5] In the circumstances where Mr Warren’s employment has ended, I am readily satisfied that his application for an order being made under s 789FF has no reasonable prospects of success. I am also satisfied it is appropriate to exercise my discretion to dismiss his application and I will do so. [2026] FWC 1844 DECISION [2026] FWC 1844 2 Order [6] Accordingly, being satisfied that Mr Warren’s application for an order to stop bullying at work pursuant to s 789FC of the Act has no reasonable prospects of success, I order that Mr Warren’s application be dismissed under s 587(1)(c) of the Act. DEPUTY PRESIDENT Hearing details: Determined on the papers. Printed by authority of the Commonwealth Government Printer <PR810220> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.