Mr Igor Grabovsky

Mr Igor Grabovsky has applied to the Federal Circuit Court of Australia for an order under the Fair Work Act 2009 (Cth) to stop workplace bullying. The application arose from a dispute between Mr Grabovsky and his former employer, the Australian Taxation Office, a non-corporate Commonwealth entity. The matter was heard by Judge Ryan, who was required to consider several legal issues. One key issue was whether the Commonwealth entity required permission to bring the application, and whether the advocate acting for Mr Grabovsky's wife was a "worker" or "at work". Another issue was whether the court had jurisdiction over the application and whether the current and former members of the Fair Work Commission were immune from suit.

The court found that the non-corporate Commonwealth entity did not require permission to bring the application. However, the court found that the advocate acting for Mr Grabovsky's wife was not a "worker" or "at work" as the matter was not within the scope of the Fair Work Act. The court also found that the jurisdiction was not established as the application was brought against current and former members of the Fair Work Commission, who were immune from suit. Therefore, the application was dismissed.

The court's decision was based on the legal principles established in previous cases, such as the definition of "worker" and "at work" under the Fair Work Act, and the immunity of the Fair Work Commission members from suit. The court held that the application was not within the jurisdiction of the court, and therefore dismissed the application. This decision highlights the importance of understanding the legal requirements and principles when bringing an application to the Fair Work Commission, and the need for careful consideration of the jurisdiction and immunity issues.