Kozak [2025] FWC 3271 (31 October 2025)

s.789FC - Application for an order to stop bullying

Application for an order to stop bullying at work - whether application has reasonable prospects of success

• [1] On 20 August 2025, Mr Andrew Kozak applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to 'VicRoads' and an individual alleged to have bullied Mr Kozak while he was working as a contractor or subcontractor to VicRoads. Mr Kozak says that he is being bullied in the form of repeated requests to provide medical evidence to keep his role as an official licence tester and to avoid the cancellation of his commercial driver's licence.

• [2] The ABN provided by Mr Kozak for VicRoads belongs to the Victorian Department of Transport and Planning trading as Transport Victoria. Although the Department formerly traded as VicRoads, it has not done so since August 2022 when registration and licensing services were privatised. The entity that now trades as 'VicRoads' is R&L Services Victoria Pty Ltd as trustee for the Victorian R&L Services Trust (VicRoads). VicRoads is a joint venture between the State of Victoria and a private consortium.

• [3] After enquiries from the Commission to obtain contact details for the respondents to the application, VicRoads accepted service but indicated that the matter should be directed to Transport Victoria, including because the named individual is an employee of Transport Victoria. However, Mr Kozak insisted that he was still a worker for VicRoads. The matter was listed for hearing on 30 October 2025.

• [4] Mr Kozak did not attend the hearing. Materials filed by Mr Kozak say that he is part of an approved training provider for VicRoads, is accredited as an official licence tester, is audited by VicRoads when delivering training for compliance with their training guidelines and has authority to issue licenses on behalf of VicRoads. According to Mr Kozak, the 'whole of relationship test' shows that he is a worker for VicRoads. The name of the approved training provider referred to by Mr Kozak is not disclosed on the materials, and nor is the nature of his relationship with that provider.

• [5] VicRoads denies any work relationship with Mr Kozak. It has searched its records and cannot find him on any list or other system record of employees or contractors. It has explained the changes in ownership to VicRoads and indicated that the application may be affected by a misunderstanding about the effect of privatisation on the relationship between Transport Victoria and VicRoads.

• [6] In the absence of evidence to support the submission that Mr Kozak has a work relationship with VicRoads, I accept the information provided by VicRoads. On the facts, Mr Kozak is not a worker in the business of VicRoads. It is possible that he works for a private business that provides accredited training and licence testing services and that is authorised to issue heavy vehicles and motorcycle licenses under a services agreement with Transport Victoria. If this is the case, Mr Kozak may be a worker in the business of the accredited training provider (as opposed to a worker in the business of VicRoads). The fact that he is authorised to act as an accredited license tester and to issue licences under that accreditation does not have the necessary result that the work performed is 'for' VicRoads.

• [7] I am not satisfied on the materials that Mr Kozak has been bullied by the individual named in the application while at work in the business of VicRoads. It is an impossibility if Mr Kozak was not at work in that business at the time the alleged bullying is said to have taken place. Because Mr Kozak is not a worker for VicRoads, the Commission could not make any orders in the matter. This means the application for orders to stop bullying at work has no reasonable prospects of success.[1]

• [8] The application (AB2025/685) is dismissed under section 587(1)(c) of the Act.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

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