Ms S.W.

In the Federal Circuit and Family Court of Australia, Ms S.W. applied for an order to stop alleged bullying in her workplace. The employer, a State government department, was subject to State anti-bullying legislation. The key issue was whether the Fair Work Commission (FWC) had jurisdiction to make an order concerning the workplace under the Fair Work Act. Ms. W. contended that the FWC had jurisdiction because her employer was a national system employer, and the workplace was constitutionally covered. The Court found that the employer was not the Commonwealth or a Territory, nor a trading or financial corporation, and therefore not a corporation as defined in the Constitution. The Court held that the FWC did not have jurisdiction to make an order concerning the workplace because the workplace was not constitutionally covered. The application was dismissed.

The Court considered the meaning of "conducted by an employer" and "workplace" in the Fair Work Act. It noted that the workplace was not conducted by the Commonwealth or a Territory, and the employer was not a corporation. The Court found that the workplace was not constitutionally covered because it was not conducted by the Commonwealth, a Territory, or a corporation. The Court held that the FWC did not have jurisdiction to make an order concerning the workplace because it was not constitutionally covered. The Court also noted that the State anti-bullying legislation provided an alternative avenue for Ms. W. to seek relief.