[2025] FWC 668
What happened
the Applicant, a director of the Murray Grey Beef Cattle Society Limited, alleged she was bullied by the Society's President, John Contarino. She applied to the Fair Work Commission for an order to stop the bullying. The Society and the Respondent objected, arguing the Applicant, as a director, was not a 'worker' under the Fair Work Act and therefore the Commission lacked jurisdiction. the Applicant performed tasks such as marketing plan development, contacting promotion groups, and preparing documents for directors. She also incurred expenses, like driving to Melbourne for promotional materials.
What was decided
The Fair Work Commission dismissed the objection that the Applicant was not a 'worker'. The Commission found she met the definition of a 'worker' under the Work Health and Safety Act, as she performed work for the Society. The definition of 'worker' is broad and includes volunteers. The Commission did not rule on the bullying allegations themselves, but allowed the Applicant’s application for a stop bullying order to proceed.
What it means for employers
Employers, particularly those with volunteer boards or committees, should understand the broad definition of 'worker' under the Fair Work Act. Individuals performing work for an organisation, even without pay, can be considered workers and entitled to protections. The Commission’s decision highlights that the quality or instruction of work is not relevant to determining worker status.
What it means for employees
Employees, including volunteers, should be aware that they may be considered 'workers' even if they are not paid. This means they may be entitled to protections under the Fair Work Act, even if they hold a position like a director. It's important to understand your rights and seek advice if you believe you are being bullied at work.
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