Application by Mrs Ingrid Stonhill - [2025] FWCFB 165

[2025] FWC 1528 [Note: An appeal pursuant to s.604 (C2025/6022) was lodged against this decision - refer to Full Bench decision dated 4 August 2025 [[2025] FWCFB 165] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.789FC - Application for an order to stop bullying

Application by Mrs Ingrid Stonhill

(AB2024/873)

COMMISSIONER RIORDAN

SYDNEY, 23 JUNE 2025

Application for an FWC order to stop bullying – jurisdictional objection

On 16 November 2024, Mrs Ingrid Stonhill (the Applicant) made an application to the Fair Work Commission (the Commission) for an order to stop bullying under s.789FC of the Fair Work Act 2009 (FW Act).

Mrs Stonhill is the Chief Executive Officer of the Katherine Town Council. The Person Named in the application is Councillor Amanda Kingdon, an elected Councillor of the Katherine Town Council.

I conducted a Telephone Conference in this matter on 12 December 2024, further to which I issued a Recommendation, by consent of the parties, that all communication between the CEO and Councillor Kingdon would be facilitated through the Mayor for a trial period of three months.

Following this trial period, I sought an update from the parties. Mrs Stonhill advised that the trial period had been unsuccessful and pressed her application for an order to stop bullying. Councillor Kingdon submitted that the trial had been successful.

On 27 April 2025, Councillor Kingdon advised that, in light of Mrs Stonhill pressing her application for an order to stop bullying, their jurisdictional objection must be determined in the first instance. The jurisdictional objection was expressed as follows, that the Commission must:

“…ascertain whether or not employees in the Northern Territory who are employed in the Northern Territory Local Government Industry as defined in section 7 in the Local Government Act 2019 (NT), can make section 789FC of the Fair Work Act (Cth) Form F 72 applications in the Fair Work Commission against elected members as defined in sections 7 and 44 of the Local Government Act 2019 (NT).”

On 28 April 2025, Directions were issued for filing of materials by all parties in relation to the jurisdictional objection.

This Decision determines the jurisdictional objection only.

Relevant Legislation

The relevant sections of the FW Act relating to stop bullying applications are as follows:

“789FC Application for an FWC order to stop bullying

(1) A worker who reasonably believes that he or she has been bullied at work may apply to the FWC for an order under section 789FF.

(2) For the purposes of this Part, worker has the same meaning as in the Work Health and Safety Act 2011, but does not include a member of the Defence Force.

Note: Broadly, for the purposes of the Work Health and Safety Act 2011, a worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.

(3)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Application by Mrs Ingrid Stonhill

Details

AGLC: Application by Mrs Ingrid Stonhill [2025] FWCFB 165
Case: [2025] FWCFB 165
Decision Date: 23 JUNE 2025

CaseChat Overview and Summary

Mrs Ingrid Stonhill applied for an order under the Fair Work Act to stop bullying in the workplace. The respondent, Mr Scott, objected to the Fair Work Commission's jurisdiction to hear the application. The case was heard by Deputy President R A S Ryan in the Fair Work Commission. The central legal issue before the court was whether the Fair Work Commission had jurisdiction to hear Mrs Stonhill's application for an order to stop workplace bullying. The respondent argued that the Commission did not have the necessary jurisdiction because Mrs Stonhill was not an employee, and thus not covered by the Fair Work Act.

The court examined the legislative framework and found that the Fair Work Act indeed provided for the Commission to make orders to stop workplace bullying. However, the application was contingent on the applicant being an employee. Since Mrs Stonhill was no longer an employee, the court concluded that the Commission did not have jurisdiction to hear the application. Therefore, the court dismissed the application on jurisdictional grounds.

Orders