[2025] FWC 1346
What happened
Joseph Osure, a Senior Fraud Officer at the National Disability Insurance Agency (NDIA), filed an application with the Fair Work Commission seeking an order to stop bullying by two coworkers and the NDIA itself. Osure alleges bullying and unreasonable behavior since August 2024, including accusations of working outside his remit, suppressing ideas, and making unfair comparisons. The NDIA and the named coworkers deny these allegations. A restructure of the Risk Management Branch occurred in November 2024, changing reporting lines. Osure argues that despite the restructure, he still interacts with the individuals he alleges bullied him and that NDIA hasn’t adequately addressed his concerns.
What was decided
The Fair Work Commission dismissed Joseph Osure’s application for an order to stop bullying. Deputy President Millhouse found that Osure did not meet the threshold for the Commission to consider making an order. Specifically, the Commission wasn’t satisfied that there was a risk Osure would continue to be bullied. The decision focused on whether the risk of future bullying existed, not whether bullying had occurred. The restructure of the NDIA’s Risk Management Branch was a key factor in the decision, as it reduced the likelihood of ongoing interaction with the alleged bullies.
What it means for employers
Employers should ensure they address employee complaints promptly and thoroughly. Restructuring alone isn't sufficient to resolve bullying concerns. NDIA’s actions, while intended to mitigate risk, were not enough to convince the Commission of a reduced risk of future bullying. Employers need to demonstrate proactive steps to change workplace culture and address the root causes of bullying allegations.
What it means for employees
Employees seeking protection from bullying under the Fair Work Act need to demonstrate a real risk of continued bullying. A restructure or change in reporting lines can significantly impact the assessment of that risk. While the Commission didn't determine if bullying occurred, employees should document instances and raise concerns through appropriate channels.
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