[2025] FWC 1533
Citation: [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'.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1533.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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