ANTI-BULLYING – likely to continue – ss.604, 789FC Fair Work Act 2009 – permission to appeal – Full Bench – appellant lodged two appeals against decisions of Commission to dismiss applications for orders to stop bullying – applications at first instance dismissed on the basis that they had no reasonable prospects of success – appellant sought permission to appeal the Commission’s decisions – appeals dealt with together and without holding a hearing – grounds of appeal that the applications should not have been dismissed as the appellant wanted the Commission to make a summary instead of an order and this was not considered – appellant further submitted the Commissioner erred in deciding he could not exercise his discretion under s.789FF of FW Act to make an order to stop bullying, particularly in circumstances where his employment was terminated subsequent to him making the applications – Full Bench concluded no error in finding that the pre-requisite of risk that employee will continue to be bullied ‘at work’ was not met as appellant’s employment had been terminated prior to him making his applications – found that the Commission at first instance correctly held that there were no reasonable prospects that the applications could succeed – not persuaded the appellant was denied procedural fairness or that the decisions of the Commission in Shaw and Obatoki were plainly wrong – not persuaded it was in the public interest to grant appeal – Full Bench not satisfied they should otherwise grant permission to appeal – permission to appeal refused. Appeal by Atkinson against decisions and orders of William C of 23 July 2015 [[2015] FWC 4980] and [[2015] FWC 5038] Re: Atkinson v Killarney Properties P/L t/a Perm-A-Pleat Schoolwear and Ors.
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