Arnold Balthazaar v Department of Human Services (Commonwealth)

Arnold Balthazaar sought an order from the Fair Work Commission to stop what he claimed was bullying by the Department of Human Services (the Department). The Department argued that Mr Balthazaar was not covered by the legislation as he was not a person performing work for them. The matter was before the Federal Circuit Court of Australia.

The court had to decide whether Mr Balthazaar was covered by the Fair Work Act 2009 and the Work Health and Safety Act 2011 as a worker, volunteer or outworker. The court also had to consider the definition of these terms under the relevant legislation. Additionally, the court needed to examine whether Mr Balthazaar was in receipt of carer payments under the Social Security Act 1991 and if this impacted his eligibility for protection under the Fair Work and Work Health and Safety Acts.

The court found that Mr Balthazaar was not covered by the Fair Work or Work Health and Safety Acts as he was not a person performing work for the Department. The court determined that the term "worker" in the Fair Work Act and the Work Health and Safety Act did not include a person in receipt of carer payments under the Social Security Act. The court also found that Mr Balthazaar did not fall within the definitions of volunteer or outworker under the relevant legislation. As a result, the court dismissed the application.

The court ordered that the application be dismissed and that Mr Balthazaar pay the Department's costs of the proceeding.