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FWCFair Work Commission · 30 May 2025

[2025] FWC 1353

Citation: [2025] FWC 1353

At a glance

Employees affected
2

What happened

the Applicant and a co-worker, both former volunteers with the Australian Volunteer Coast Guard Association (Coast Guard), applied to the Fair Work Commission for orders to stop bullying. The Applicant alleges bullying by several Coast Guard officials, stemming from comments made in a private Facebook group and a subsequent investigation. He was disenrolled. The co-worker, who advised the Applicant, was also stood down and disenrolled after allegedly disseminating confidential information. Both men were overseas for a period and are no longer volunteers.

What was decided

The Fair Work Commission dismissed the applications for stop bullying orders from the Applicant and the co-worker. The Commissioner found that, as both men are no longer volunteers with the Coast Guard, there is no ongoing risk of bullying at work. The decision was grounded in the principles outlined in the Full Bench decision Greenan v BBV Legal Pty Ltd, which addresses the Commission’s discretion to dismiss such applications when the applicant’s employment or volunteer status has ended.

What it means for employers

Employers, particularly those relying on volunteers, should be aware of the Fair Work Commission’s jurisdiction to address bullying complaints, even involving volunteers. The Commissioner can dismiss applications if there's no ongoing risk of bullying, highlighting the importance of addressing issues promptly and fairly to avoid protracted legal proceedings.

What it means for employees

Employees and volunteers should be aware that Fair Work Commission protections against bullying apply to volunteers as well as employees. However, if the working relationship has ended, the Commissioner may dismiss applications for stop bullying orders if there is no ongoing risk of bullying.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1353.pdf

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This summary was drafted 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 →

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