FWO v the Applicant (Kwinana Bulk Jetty Case) (also known as the Fremantle Port matter)
Citation: FWO-LIT/2025-2026/jason-gill-kwinana-bulk-jetty-case-also-known-as-the-fremantle-port-matter/2026-04-02
At a glance
- Respondent
- Jason Gill (Kwinana Bulk Jetty Case) (also known as the Fremantle Port matter)
- Penalty
- $9,324
What happened
The Fair Work Ombudsman (FWO) commenced proceedings against the Applicant concerning actions taken at the Kwinana Bulk Jetty, also known as the Fremantle Port matter. The nature of the proceedings involved adverse action and coercion. The decision was made on April 2, 2026.
What was decided
The Federal Circuit and Family Court found the Applicant in breach of workplace laws related to adverse action and coercion. A penalty of $9,324 AUD was imposed. The full decision is available as Fair Work Ombudsman v the Applicant (Kwinana Bulk Jetty Case) (Penalty) [2026] FCA 379.
What it means for employers
Employers must ensure they do not engage in adverse action or coercion against employees. This includes actions that could intimidate, penalise, or discriminate against workers exercising their workplace rights.
What it means for employees
Employees have the right to be free from adverse action and coercion in the workplace. If an employer takes negative steps because of a worker raising concerns or taking action related to their employment, they should seek advice from Fair Work.
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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 →