Mr Chris Lewis - [2025] FWC 29

[2025] FWC 29

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mr Chris Lewis

(AB2024/418)

COMMISSIONER CONNOLLY

MELBOURNE, 7 JANUARY 2025

Application for an FWC order to stop bullying – applicant no longer an employee – no risk of bullying continuing – no instances of repeated, unreasonable behaviour found – alleged bullying found to be reasonable management action, carried out in a reasonable manner – application dismissed.

Mr Chris Lewis has made an application to the Fair Work Commission (Commission) for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made seeking stop bullying orders that apply to Spotless Facility Services Pty Ltd (Spotless or Respondent Employer) and its employees Mr Dale Gruber and Mr Robert Mosterd.

In support of his claims, Mr Lewis argues that he has been denied opportunities to work additional shifts and raised complaints about both him and others being denied shifts. He states he has made repeated requests for fair and transparent rostering and shift allocations and that his complaints and queries have been overwhelming ignored, not acted upon or not responded to. He submits that because he has complained he has been stood down from work and subjected to disciplinary action. He asserts that this conduct by both Mr Guber and Mr Mosterd on behalf of Spotless amount to conduct that meets the definition of bullying for the purposes of the Act.

Spotless do not accept that Mr Lewis has been subjected to bullying. Further, and in the alternative, they submit that the bullying he has alleged can be accurately described as reasonable management action, carried out in a reasonable manner. On this basis, they submit Mr Lewis’s application should be dismissed.

This decision considers Mr Lewis’s application for a stop bullying order. Specifically, it considers whether any of the actions Mr Lewis alleges he has been subjected too can be considered ‘bullying’ as defined in the Act.

Legislation

Section 789FF of the Act specifies when the Commission may make orders to stop bullying as follows:

789FF FWC may make orders to stop bullying

(1) If:

(a) a worker has made an application under section 789FC; and
(b) the FWC is satisfied that:
(i) the worker has been bullied at work by an individual or a group of individuals; and
(ii) there is a risk that the worker will continue to be bullied at work by the individual or group;
then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work by the individual or group.

It is not in contest that Mr Lewis is a worker who has made an application under s.789FC. The keys issues in this case are whether Mr Lewis has been bullied at work and whether there is a risk he will be continued to be bullied at work.

Section 789FD…

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 Mr Chris Lewis

Details

AGLC: Mr Chris Lewis [2025] FWC 29
Case: [2025] FWC 29
Decision Date: 7 JANUARY 2025

CaseChat Overview and Summary

Mr Chris Lewis applied to the Fair Work Commission (FWC) for an order to stop alleged bullying at work. The respondent was Mr Lewis's former employer, an entity in the Australian Public Service. Mr Lewis contended that he had been bullied by his manager, which had resulted in his resignation. The FWC had jurisdiction to hear the matter under the Fair Work Act 2009 (Cth).

The central legal issues before the FWC were whether the actions of the respondent amounted to bullying under the Act, and if so, whether an order should be made to stop the bullying. The FWC considered whether the actions were repeated and unreasonable, and whether they had a reasonable management purpose. The FWC noted that the alleged bullying actions were taken in response to a performance review, which identified that Mr Lewis had not met performance standards. The FWC found that the actions were reasonable management actions, carried out in a reasonable manner, and did not constitute bullying.

As the FWC determined that there was no ongoing risk of bullying, it dismissed the application. The FWC concluded that there were no instances of repeated, unreasonable behaviour and that the alleged bullying was found to be reasonable management action, carried out in a reasonable manner. Consequently, the application for an order to stop the alleged bullying was dismissed.

No further orders were made by the FWC in this matter.

Orders