MatchSection 789FD(2) of the FW Act is not so much an 'exclusion' but a qualification which reinforces that bullying conduct must of itself be unreasonable. It also emphasises the right of management to take reasonable management action in the workplace. In its application, the provision comprises three elements: the behaviour (being relied upon as bullying...
In text[2014] FWC 2104
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Ms SB
(AB2014/1035)
COMMISSIONER HAMPTON …
RatioAn application for a stop-bullying order under s.789FC must satisfy the requirement in s.789FF(b) that there is a risk the applicant will continue to be bullied at work. Since the applicant's employment was terminated on 11 April 2014, he is no longer at work and therefore...
In text[2014] FWC 3408
FAIR WORK COMMISSION
EX TEMPORE DECISION
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Mitchell Shaw
v
Australia …
ClaimStop-bullying orders (FWC) via Interlocutory summary dismissal application
MatchTo obtain a stop bullying order under s789FD, the applicant must establish: (1) they were subject to unreasonable behaviour; (2) that behaviour was repeated; (3) they were subject to the repeated unreasonable behaviour while at work; (4) the behaviour is not reasonable management action carried out in a reasonable manner; (5) the behaviour created a risk...
In text1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Darren Lacey and Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen …
In text … The NDIA contends that this was reasonable management action undertaken in a reasonable manner. f_p_n_4_ [2025] FWCFB 168 3 [6] The decision dealt …
ClaimStop-bullying orders (FWC) · Stop-bullying orders (WAIRC) via Public Service Appeal Board appeal (historical)
MatchA s.789FC application is expressly an application 'for an order under section 789FF' — an order to stop bullying. This is the sole purpose of such an application; the FWC does not have a general discretion to substitute a summary or statement or recommendation for an order.
In text … DIVISION 2—Stopping workers being bullied at work
789FC Application for an FWC order to stop bullying
(1) A worker who reasonably believes that he or …
ClaimStop-bullying orders (FWC) via Interlocutory summary dismissal application
concept: stop_bullying_fwckeyword matchleading authoritycited by appellate ×9
In text … matter number AB2017/585 – application for a stop bullying order – whether conduct was bullying behaviour – reasonable management action carried out in a reasonable manner – no arguable …
MatchReasonable management action carried out in a reasonable manner does not constitute unreasonable behaviour under s.789FD(1)(a), though this does not mean the action was entirely beyond criticism or represented best practice.
In text … Each instance of
alleged unreasonable behaviour was denied, and it was further contended that the alleged behaviours constituted reasonable management
action carried out in a reasonable …
MatchUnder s.789FF(1), both prerequisites must be met: first, the worker must have been bullied at work by the specified individual or group; second, there must be a risk that the worker will continue to be bullied at work by the same individual or group. The definite article indicates the same individual or group must be involved in both conditions.
In text … Section 789FF(1) of the FW Act establishes the jurisdictional prerequisites for the making of an order to stop bullying. It provides:
(1) If:
(a) a …
In text … complained were not reasonable management action taken in a reasonable way, he had no power to make an order to stop bullying, unless he could be …
ClaimProcedural fairness at dismissal stage · General protections (FW Act Pt 3-1)
In text … The application seeks an order of the FWC to stop bullying (the bullying application). [2] Section 596 of the FW Act provides as follows: “596 Representation …
MatchRemedial or beneficial legislation should be given a liberal and beneficial construction, construed to give the fullest relief that a fair meaning of its language will allow, provided the interpretation remains restrained within the confines of the actual language employed.
In text … Background
[1]
Three employees of DP World Melbourne Limited (DP World) have each made an application for an order to stop bullying pursuant to s.789FC …
MatchA worker is bullied at work if: (a) while at work in a constitutionally-covered business an individual or group repeatedly behaves unreasonably towards the worker or group of workers; and (b) that behaviour creates a risk to health and safety. Behaviour that is reasonable management action carried out in a reasonable manner is not bullying.
In text[2017] FWC 4988
FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.789FC - Application for an order to stop bullying
Katherine (Kate) Burbeck
v
Alice Springs …
In text1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Lynette Bayly (AB2017/134) COMMISSIONER HAMPTON ADELAIDE, 5 APRIL 2017 Application for …
In text … Three requirements must be met before the Commission’s discretion to make an order to stop bullying is enlivened: f_p_n_7_ [2014] FWCFB 1440 …
MatchBehaviour will not constitute bullying conduct if it is reasonable management action carried out in a reasonable manner. The provision comprises three elements: (1) the behaviour must be management action; (2) it must be reasonable for the management action to have been taken; and (3) the management action must have been carried out in a manner that is...
In text … to stop bullying – whether bullying conduct – whether alleged conduct by individuals formerly in the workplace is relevant – whether various conduct was reasonable management action – conduct of …
MatchSection 789FF contains two prerequisites to the making of orders: (1) a finding that the worker has been bullied at work by an individual or a group of individuals; and (2) that there is a risk that the worker will continue to be bullied at work by the individual or group concerned. Where there is no risk that the worker will continue to be bullied,...
In text … Background
[1]
This decision deals further with an application that has been made by Ms LP (the applicant) for an order to stop bullying under
s …
MatchBoth limbs of s 789FF(1) must be met for the Commission to exercise discretion to make an order to stop bullying: the worker must have been bullied at work AND there must be a risk of continued bullying. If the second limb is not and will not be met, an application cannot succeed.
In text1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Joseph Osure (AB2024/747) DEPUTY PRESIDENT MILLHOUSE MELBOURNE, 14 MAY 2025 Application …
MatchThe test for whether a worker is bullied at work under s.789FD requires: (1) repeated unreasonable behaviour towards the worker while at work in a constitutionally-covered business; (2) that behaviour must create a real risk to health and safety (not merely conceptual); and (3) the behaviour cannot be reasonable management action carried out in a...
In text … JULY 2016
Application for an order to stop bullying; whether applicant bullied at work; unreasonable conduct; reasonable management action;
whether created risk to health and safety …