[2025] FWC 1843
Citation: [2025] FWC 1843
What happened
the Applicant, a Director at the Australian Taxation Office (ATO), applied for a transfer to the Australian Electoral Commission (AEC) under the Public Service Act. She alleged she was subjected to bullying and harassment at the ATO and sought a transfer as a result. She initiated a general protections dismissal application under the Fair Work Act, arguing the transfer constituted a forced transfer or dismissal. The ATO and the Second Respondent, an Assistant Commissioner at the ATO, were named respondents.
What was decided
The Fair Work Commission upheld the jurisdictional objection raised by the ATO. The Commission found the Applicant's transfer to the AEC was a voluntary move under the Public Service Act, not a dismissal. Consequently, the Commission lacked jurisdiction to hear her general protections application. The application was dismissed. The Commission noted that the Applicant could potentially re-file the application under a different section of the Fair Work Act, s.372, which deals with non-dismissal disputes.
What it means for employers
Employers, particularly those in the public sector, should be aware that transfers between agencies are generally considered voluntary moves, not dismissals, under the Public Service Act. Addressing workplace bullying and harassment complaints effectively is crucial to avoid employees feeling compelled to seek transfers.
What it means for employees
Employees seeking to leave their employment due to workplace issues, such as bullying, should understand that a voluntary transfer may not be considered a dismissal for the purposes of Fair Work Act claims. Seeking legal advice is recommended to explore alternative avenues for addressing workplace grievances.
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/2025fwc1843.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