Ms Kathleen McInnes

Ms Kathleen McInnes applied to the Fair Work Commission for an order to stop bullying at her workplace. This application was dismissed by the Commission, which led to an appeal to the Full Bench of the Commission. The Full Bench dismissed the appeal, and Ms McInnes sought further review from the Federal Court. The central issue was whether the Full Bench had jurisdiction to hear Ms McInnes’ appeal. This required determining whether the workplace in question was constitutionally covered, specifically whether it was a constitutional corporation.

The court examined whether the community services organisation in question was a constitutional corporation, considering it a trading corporation. The nature of its funding and activities was crucial in this assessment. The organisation received funding from the government for both contract services and grants to support programs. The court found that the funded activities lacked a trading character, as the primary purpose was not commercial. Additionally, any trading activities were deemed insignificant, peripheral, and incidental. Consequently, the organisation did not meet the criteria of a trading corporation. The court held that without being a constitutional corporation, the workplace was not constitutionally covered, and thus, the Full Bench lacked jurisdiction. The application for review was dismissed.