[2025] FWC 1349
Citation: [2025] FWC 1349
What happened
Adam Camilleri, a Field Engineer at NBN Co Limited, alleged he was bullied at work by his Field Area Manager, Paul Fitzpatrick. The allegations stemmed from issues including the removal of Mr Camilleri’s rostered day off (RDO) and concerns about his work practices. Mr Camilleri reported to Mr Fitzpatrick since August 2024. NBN Co supported Mr Fitzpatrick’s defence. Nine allegations of bullying were initially raised, but the Commission focused on two key instances. The dispute also involved disagreements about whether employees should be paid for preparatory work done before starting work.
What was decided
The Fair Work Commission found that while Mr Fitzpatrick’s actions had shortcomings, the removal of Mr Camilleri’s RDO was considered reasonable management action carried out in a reasonable manner. One other allegation, regarding meetings held without proper notice to allow for a support person, was substantiated. The Commission ordered mediation between Mr Camilleri and Mr Fitzpatrick to address the workplace issues. The Commission determined that the first prerequisite for an anti-bullying order was met, and the second was also met, but the third was not.
What it means for employers
Employers should ensure they provide employees with proper notice and opportunity to bring a support person to meetings, particularly those involving disciplinary action or changes to working conditions. Even if a direction is lawful, the manner in which it is implemented must be reasonable. Employers should also be mindful of the impact of ongoing disputes, such as those concerning payment for preparatory work, on employee relations.
What it means for employees
Employees experiencing workplace issues should document concerns and seek support from unions or other representatives. While reasonable management action is not bullying, employees should be aware of their rights regarding notice and support during meetings. Employees should not take actions that may be seen as non-compliance with lawful directions.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1349.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →