Benchmark WA Industrial Relations Case Database

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

Outcomen%
Against applicant dismissed_jurisdiction 2 50%
Resolved adjourned 1 25%
Against applicant dismissed 1 25%

By jurisdiction

Courtn
Fair Work Commission47
Fair Work Commission (Full Bench)3
NSWADT1

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

CitationCourtRoleCited
[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

CitationCourtRoleDateOutcomeCited
[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