Mr Peter Ryan v Returned & Services League of Australia (Queensland Branch) (RSL Queensland)

The matter before the Fair Work Commission involved Mr Peter Ryan, who sought an order to address alleged workplace bullying against him. The respondent, the Returned & Services League of Australia (Queensland Branch), contested the jurisdiction of the FWC to hear Mr Ryan's application, arguing that he was a volunteer and not an employee. The dispute centred on whether the FWC had the authority to intervene in the situation, given Mr Ryan's volunteer status.

The primary legal issue was whether Mr Ryan, as a volunteer for RSL Queensland, was considered to be at work within the scope of a business or undertaking. This required determining if the volunteer services provided by Mr Ryan were for RSL Queensland and whether RSL Queensland conducted a business or undertaking for which Mr Ryan volunteered. The court needed to establish if Mr Ryan was at work in a constitutionally covered business, as this would determine the FWC's jurisdictional reach.

In its decision, the FWC found that Mr Ryan's volunteer services were indeed provided for RSL Queensland, and that RSL Queensland conducted a business or undertaking for which Mr Ryan volunteered. The Commission held that Mr Ryan was at work in a constitutionally covered business, thereby affirming its jurisdiction over the matter. The jurisdictional objection raised by RSL Queensland was dismissed, paving the way for the FWC to proceed with the application regarding the alleged workplace bullying.

The final orders of the FWC dismissed the jurisdictional objection by RSL Queensland and allowed Mr Ryan's application to proceed, permitting the FWC to hear and determine the matter concerning the alleged workplace bullying.