Conducted by a PCBU
doctrinal
FED
conducted_business_undertaking
branch: stop_bullying
Synthesis · 51 tagged cases
51 tagged decisions (4 as primary). Of primary decisions, the most common outcome is 'dismissed_jurisdiction' (2, 50%).
Outcome distribution
| Outcome | n | % |
|---|---|---|
| Against applicant dismissed_jurisdiction | 2 | 50% |
| Resolved adjourned | 1 | 25% |
| Against applicant dismissed | 1 | 25% |
By jurisdiction
| Court | n |
|---|---|
| Fair Work Commission | 47 |
| Fair Work Commission (Full Bench) | 3 |
| NSWADT | 1 |
Key articulated principles · 4
para 34 — from [2016] FWC 300
FWC
A volunteer association exists where a group of volunteers work together for community purposes and none of the volunteers (whether alone or jointly) employ any person to carry out work for the association. Such an association does not constitute a PCBU for purposes of the Work Health and Safety Act.
Test: volunteer association exclusion from PCBU definition
para 51 — from [2019] FWC 5874
FWC
The concept of 'being at work' encompasses both the performance of work (at any time or location) and when the worker is engaged in some other activity which is authorised or permitted by their employer or principal. The focal point of the definition is on the worker (the applicant), and the individuals who engage in unreasonable behaviour need not be 'at work' at the time they engage in that behaviour.
para 65 — from [2016] FWC 4097
FWC
The failure to preserve CCTV footage, while not always appropriate (particularly before litigation became a known prospect), may not create unfairness if the disputes do not depend on what was said, demeanour, or physical contact, and substantial common ground exists about whether exchanges took place.
para 84 — from [2026] FWC 15
FWC
The Body Corporate cannot reasonably be held accountable for the actions of residents or disputes between neighbours, though they do have a duty to take reasonable steps to ensure workers are not subjected to unreasonable behaviour while performing work.
Leading cases · by citation count
| Citation | Court | Role | Cited |
|---|---|---|---|
| [2015] FWC 8231 | FWC | primary | 2 |
| [2014] FWC 2104 | FWC | secondary | 28 |
| [2014] FWCFB 9227 | FWC — Full Bench | secondary | 16 |
| [2014] FWC 2076 | FWC | secondary | 7 |
| [2017] FWC 5974 | FWC | secondary | 4 |
| [2016] FWC 300 | FWC | secondary | 4 |
| [2015] FWC 5850 | FWC | secondary | 4 |
| [2015] FWC 7312 | FWC | secondary | 3 |
All tagged cases · 51
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| [2015] FWC 8231 | FWC | primary | 2015-12-07 | Resolved | 2 |
| [2025] FWC 667 | FWC | primary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1533 | FWC | primary | 2025-01-01 | Against applicant | 0 |
| [2018] FWC 761 | FWC | primary | 2018-01-01 | Against applicant | 0 |
| [2014] FWC 2104 | FWC | secondary | 2014-05-12 | Against applicant | 28 |
| [2014] FWCFB 9227 | FWC — Full Bench | secondary | 2014-12-19 | Resolved | 16 |
| [2014] FWC 2076 | FWC | secondary | 2014-04-02 | Against applicant | 7 |
| [2017] FWC 5974 | FWC | secondary | 2017-11-15 | Against applicant | 4 |
| [2016] FWC 300 | FWC | secondary | 2016-01-01 | Against applicant | 4 |
| [2015] FWC 5850 | FWC | secondary | 2015-08-28 | Against applicant | 4 |
| [2015] FWC 7312 | FWC | secondary | 2015-11-26 | Resolved | 3 |
| [2015] FWC 7309 | FWC | secondary | 2015-11-13 | For applicant | 3 |
| [2016] FWC 2559 | FWC | secondary | 2016-01-01 | Against applicant | 2 |
| [2015] FWC 5272 | FWC | secondary | 2015-08-05 | For applicant | 2 |
| [2014] FWC 5588 | FWC | secondary | 2014-08-21 | Against applicant | 2 |
| [2019] FWC 5874 | FWC | secondary | 2019-09-04 | For applicant | 1 |
| [2018] FWC 4147 | FWC | secondary | 2018-07-13 | Resolved | 1 |
| [2016] FWC 4174 | FWC | secondary | 2016-01-01 | Against applicant | 1 |
| [2016] FWC 4097 | FWC | secondary | 2016-01-01 | Against applicant | 1 |
| [2004] NSWADT 287 | NSWADT | secondary | 2004-01-01 | 1 | |
| [2026] FWC 15 | FWC | secondary | 2026-01-01 | Against applicant | 0 |
| [2026] FWC 263 | FWC | secondary | 2026-01-01 | Against applicant | 0 |
| [2026] FWC 717 | FWC | secondary | 2026-01-01 | Against applicant | 0 |
| [2025] FWC 29 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 668 | FWC | secondary | 2025-01-01 | For applicant | 0 |
| [2025] FWC 943 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1014 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1334 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1199 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1278 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1349 | FWC | secondary | 2025-01-01 | Resolved | 0 |
| [2025] FWC 1955 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 2459 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 3129 | FWC | secondary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 3215 | FWC | secondary | 2025-01-01 | Resolved | 0 |
| [2025] FWC 3410 | FWC | secondary | 2025-01-01 | Resolved | 0 |
| [2017] FWC 3136 | FWC | secondary | 2017-01-01 | Against applicant | 0 |
| [2017] FWC 191 | FWC | secondary | 2017-01-01 | Against applicant | 0 |
| [2016] FWC 7039 | FWC | secondary | 2016-11-08 | Against applicant | 0 |
| [2016] FWC 1498 | FWC | secondary | 2016-01-01 | Against applicant | 0 |
| [2015] FWCFB 6503 | FWC — Full Bench | mentioned | 2015-10-14 | Against applicant | 15 |
| [2016] FWCFB 2367 | FWC — Full Bench | mentioned | 2016-04-14 | Against applicant | 3 |
| [2015] FWC 6556 | FWC | mentioned | 2015-10-23 | For applicant | 2 |
| [2016] FWC 387 | FWC | mentioned | 2016-01-01 | Against applicant | 1 |
| [2016] FWC 1964 | FWC | mentioned | 2016-01-01 | Against applicant | 1 |
| [2025] FWC 416 | FWC | mentioned | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 1346 | FWC | mentioned | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 2314 | FWC | mentioned | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 3255 | FWC | mentioned | 2025-01-01 | Against applicant | 0 |
| [2016] FWC 1286 | FWC | mentioned | 2016-01-01 | Against applicant | 0 |
| [2016] FWC 3437 | FWC | mentioned | 2016-01-01 | Against applicant | 0 |