Mr Martin Cooper

The applicants in this matter sought orders from the Fair Work Commission (FWC) to stop bullying in the workplace. The employer, a local government employer in South Australia, objected to the FWC's jurisdiction on the basis that the applicants' employment was not in a constitutionally-covered business. The matter was heard concurrently with other applications, and a non-standard hearing was held due to intervention orders. The central legal issue before the court was whether the employer's activities constituted a trading or financial corporation within the meaning of Australian Constitution section 51(xx). The court had to determine if the employer's activities were peripheral or substantial in nature.

The court found that the employer did not engage in a trading or financial corporation within the meaning of section 51(xx) of the Constitution. The employer's activities were found to be peripheral rather than substantial. The court held that the activities were not sufficiently connected to interstate or international commerce to be considered trading or financial in nature. As a result, the applications for an FWC order to stop bullying were dismissed due to the lack of jurisdictional basis. The court's decision hinged on the interpretation of the term "trading or financial corporation" and the application of the activities test to determine the nature of the employer's activities.