Matina Bastakos

The case of Matina Bastakos involved an application for an order to cease bullying behaviour in relation to work carried out by the City of Port Phillip. The applicant argued that the City of Port Phillip was subject to the Fair Work Act 2009 (Cth) and sought an order under section 33 of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2015 (Cth). The City of Port Phillip raised a jurisdictional objection, arguing that it was not a business as defined by the Fair Work Act 2009 (Cth), and therefore, the Fair Work Commission did not have jurisdiction to hear the application. The dispute was heard by the Federal Circuit Court of Australia.

The primary legal issue the court had to determine was whether the City of Port Phillip could be considered a business under the Fair Work Act 2009 (Cth). The court had to assess whether the City of Port Phillip was a constitutionally-covered business, a trading corporation, and whether it engaged in substantial trading activities. The City of Port Phillip contended that it was a local government entity and not a business, and therefore, the Fair Work Commission did not have jurisdiction to hear the application.

The court found that the City of Port Phillip was a trading corporation and engaged in substantial trading activities. The court held that the City of Port Phillip provided services that were of a commercial nature, including the provision of waste management services, and therefore, it was a trading corporation. The court further held that the City of Port Phillip engaged in substantial trading activities, as it was a significant player in the waste management industry. The court dismissed the jurisdictional objection and found that the Fair Work Commission had jurisdiction to hear the application.

The Federal Circuit Court of Australia dismissed the City of Port Phillip's jurisdictional objection and found that it had jurisdiction to hear the application. The court held that the City of Port Phillip was a trading corporation and engaged in substantial trading activities. The court's decision clarified the scope of the Fair Work Act 2009 (Cth) and the jurisdiction of the Fair Work Commission. The court's decision also recognised the commercial nature of local government services and the importance of protecting vulnerable workers from bullying behaviour in the workplace.