Alice Morrissey [2026] FWC 1611

1 Fair Work Act 2009 s.527F - Application for an order to stop and deal with a sexual harassment dispute Alice Morrissey (SH2026/24) COMMISSIONER FOX MELBOURNE, 6 MAY 2026 Application for an order to stop and deal with a sexual harassment dispute – no reasonable prospects of success – application dismissed [1] On 13 March 2026, Ms Alice Morrissey (Applicant) made an application under s.527F of the Fair Work Act 2009 (Cth) (Act) alleging that she had been sexually harassed in contravention of Division 2 of Part 3-5A of the Act. The application asked the Commission to make an order under s.527J of the Act to stop sexual harassment, and to otherwise deal with the dispute under s.527R of the Act. [2] The Application was made in relation to the Applicant’s employer (Employer) and persons with whom the Applicant interacted while at work in the business of the Employer (Persons Named). [3] The Persons Named filed a Form F76 – individual Respondent’s response to an application to deal with a sexual harassment dispute, and the Employer filed a Form F77 – response from employer/ principal to an application to deal with a sexual harassment dispute. In their Form F77, the Employer raised a jurisdictional objection to the application, being that there is no future risk of the alleged sexual harassment of the aggrieved person. [4] On 30 March 2026, the Employer wrote to the Commission and advised that the Applicant had resigned from her role last week, effective immediately. [5] On 31 March 2026, my Chambers wrote to all parties, seeking confirmation as to whether the Applicant was still employed by the Employer. The Applicant, Persons Named and Employer all confirmed the Applicant had resigned. [6] A conference was conducted on 30 April 2026. [7] A person who alleges they have been sexually harassed by one or more other persons may apply to the Commission for an order to stop sexual harassment. [8] For the Commission to make orders with respect to an application for an order to stop sexual harassment, it must be satisfied that the worker has been sexually harassed at work, and that there is a risk that the worker will continue to be bullied at work. [2026] FWC 1611 DECISION -- 1 of 2 -- [2026] FWC 1611 2 [9] In considering all of the circumstances, I am not satisfied that there is a risk of the Applicant being sexually harassed in connection with work pursuant to s.527J(1)(b) of the Act. I am satisfied that as a result, the application has no reasonable prospects of success, and it is appropriate in all of the circumstances to dismiss the application. [10] Accordingly, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect is issued with this Decision. [11] As to the second matter, I proceeded to deal with the dispute pursuant to s.527R of the Act. I issued a certificate to the Applicant, and the Commission has now concluded its role in this matter. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR799716> -- 2 of 2 --