ARTICLE · 11 FEBRUARY 2015

FWC clarifies what it means to be bullied - at work

Sparke Helmore Lawyers

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"At work" covers the performance of work at any time or place by the worker or being engaged in any authorised activity.

AustraliaEmployment and HR

Brendan Charles

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Sharon Bowker & Others v DP World Melbourne Limited and Others [2014] FWCFB 9227

A Full Bench of the Fair Work Commission (FWC) has clarified a central concept in the anti-bullying jurisdiction established under the Fair Work Act 2009 (FW Act), that is, what it means for a worker to be "at work" when the bullying conduct occurs.

For the purposes of the anti-bullying jurisdiction, a worker being "at work" will cover both the performance of work at any time or place by the worker and the worker being engaged in some other authorised activity.

What does this mean in practice?

A worker will be "at work" when they are in the office, factory, warehouse or construction site, during a lunchbreak and when they are on the road travelling between work sites.

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