[2025] FWC 1533
What happened
Grant Warner, a long-term member of the ANU Sailing Club, experienced conflict with other committee members. He escalated concerns to the ANU Sport Board, but the dispute remained unresolved. In November 2024, the Sailing Club suspended Warner's membership until 2026, pending an appeal. Warner applied to the Fair Work Commission seeking an order to stop bullying, alleging he was bullied by 11 individuals. ANU Sport denies the bullying and argues Warner wasn't a 'worker' or 'at work' for Fair Work Act purposes.
What was decided
The Fair Work Commission upheld ANU Sport’s objection that Grant Warner was not a 'worker' at the time of the alleged bullying. The Commission considered the definitions of 'worker' and 'person conducting a business or undertaking' under the Work Health and Safety Act 2011. It found the Sailing Club was a volunteer association and therefore did not conduct a business or undertaking. Consequently, Warner’s application for a stop bullying order was not considered.
What it means for employers
Employers, particularly those with affiliated or volunteer-based groups, should carefully consider the legal definitions of 'worker' and 'business or undertaking'. The decision highlights that volunteer associations, even those linked to larger organisations, may not automatically be considered PCBU’s for Fair Work purposes. This impacts whether individuals can be classified as 'workers' under the Fair Work Act.
What it means for employees
Employees who volunteer or participate in activities for organisations need to understand their classification. This decision clarifies that volunteer work, particularly within a volunteer association, may not qualify for protections under the Fair Work Act, even if linked to a larger entity. It's important to assess the nature of the relationship and whether the activities constitute 'work' for a 'constitutionally-covered business'.
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