FWC looks into worker’s jurisdictional and eligibility issues

08 May 2025

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The Fair Work Commission (FWC) recently dealt with a case where a worker sought protection from alleged workplace bullying.

The worker filed an application under section 789FC of the Fair Work Act 2009, claiming she experienced bullying behaviour while employed at her workplace and seeking orders to make it stop.

The worker argued that despite no longer working at the specific location, she should still be eligible for anti-bullying protections. She described her employment status as "suspended" rather than terminated, suggesting an ongoing employment relationship that would allow her application to proceed.

However, the case encountered jurisdictional obstacles that would determine whether the FWC could hear the matter. The employer challenged the application on two fronts: questioning whether the workplace fell under FWC jurisdiction and disputing the worker's employment status at the time of filing.

Suspended worker’s bullying claims

The teacher lodged her application on 27 November 2024, alleging bullying had occurred at Ascot Vale Heights School, a Victorian government school. The Secretary to the Department of Education and Training objected to the application on jurisdictional grounds.

For the FWC to have jurisdiction in bullying matters, the alleged conduct must occur "while the worker is at work in a constitutionally-covered business." This requirement determines which workplaces...

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