Little [2025] FWC 3401 (14 November 2025)

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

Application for an order to stop bullying at work - whether alleged bullying occurred 'while at work'

• [1] On 25 August 2025, Mr Andrew Little applied for orders to stop bullying at work under s.789FC in Part 6-4B of the Fair Work Act 2009 (the Act). Mr Little alleges that he has been bullied while at work in the business of Alpine Resorts Victoria (ARV), a Victorian statutory authority that operates six ski fields in Victoria, including Mt Baw Baw Alpine Resort. For five years from 2019 to 2024, Mr Little volunteered as a ski patroller as a member of Mt Baw Baw Volunteer Ski Patrol Inc.

• [2] The allegation of bullying is that ARV has not provided Mr Little with the tools necessary to fulfil the job of volunteer ski patroller and has blocked him from being able to do so. In short, Mr Little's application is that he is being bullied at work by being prevented from performing any work for the 2025 'white' season (which has now come to an end).

• [3] Section 789FD of the Act deals with when a worker is bullied at work. A worker is bullied at work if, while they are at work in a constitutionally-covered business, one or more individuals repeatedly behave unreasonably toward them and the behaviour creates a risk to health and safety.

• [4] The question is whether the alleged bullying occurred while Mr Little was at work in the business of ARV. For reasons that follow, the answer is 'No'. The alleged bullying behaviour occurred while Mr Little was not at work in the business of ARV. In the circumstances, I am not satisfied that Mr Little has been bullied at work as that term is defined in s 789FD. The application will be dismissed.

• [5] Section 789FD contains the meaning of when a worker is "bullied at work". It provides as follows:

(a) while the worker is at work in a constitutionally-covered business:

(i) an individual; or

(ii) a group of individuals;

repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and

(b) that behaviour creates a risk to health and safety.

(2) To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner.

(3) If a person conducts a business or undertaking (within the meaning of the Work Health and Safety Act 2011) and either:

(i) a constitutional corporation; or

(ii) the Commonwealth; or

(iii) a Commonwealth authority; or

(iv) a body corporate incorporated in a Territory; or

(b) the business or undertaking is conducted principally in a Territory or Commonwealth place;

then the business or undertaking is a constitutionally-covered business."

• [6] Mr Little submits that he has been bullied at work because the alleged bullying behaviour occurred in the context of his ongoing 'volunteer work agreement' with ARV. The actual agreement is not in evidence. I am prepared to accept that there may be a 'standing' volunteer work agreement between the parties, based on some kind of local arrangement between ARV and Mt Baw Baw Volunteer Ski Patrol Inc. The evidence is also that Mr Little was last 'onboarded' and 'offboarded' as a volunteer with ARV. There is insufficient evidence to establish the effect of 'offboarding' on any work agreement between the parties. I would not be confident in finding that Mr Little was not a 'worker' at the time he applied to the Commission on the available evidence.

• [7] I am, however, satisfied on the evidence that Mr Little has not carried out any work for ARV, whether under a volunteer work agreement or otherwise, since 2024. It is precisely because he has not been able to work for ARV in 2025 that this application was made. I find that Mr Little was not at work in the business of ARV at the time the alleged bullying at work occurred.

• [8] For the reasons given, I am not satisfied that Mr Little has been bullied at work.

Mr B Popple of Kingston Reid on behalf of Alpine Resorts Victoria.

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