Application by Mr Gary Whitham
At a glance
- 1
What happened
The Applicant applied to the Fair Work Commission under section 789FC of the Fair Work Act 2009. He sought anti-bullying orders against Integrated Care Pty Ltd and three coworkers. The Applicant alleged unreasonable behaviour occurred in June and July 2026. This included confusing training, dress code enforcement, questions about his illness, contact while sick, negative work comments, criticism of his home internet, and requests to share his doctor’s information. He requested compensation to transition to new employment.
What was decided
The Fair Work Commission dismissed the Applicant’s application. Deputy President Coleman found that the Applicant had not been bullied. The alleged behaviours were not unreasonable, and there was no risk to his health and safety. The Commission could not make an order because the requirements of section 789FF(1)(b) were not met. The Commission also cannot order payments of money. The application was considered to be without merit.
What it means for employers
Employers should ensure workplace practices are clear and respectful. Communication regarding training, dress codes, and health information should be handled sensitively. Addressing employee concerns promptly and fairly can prevent formal complaints.
What it means for employees
Employees experiencing workplace issues should document incidents and consider internal resolution processes before pursuing legal action. The Fair Work Commission’s anti-bullying provisions have specific requirements that must be met for orders to be made.
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