Director’s Stop Bullying Application Given the Go-Ahead

| August 5, 2025

A recent Fair Work Commission (FWC) decision has reinforced the broad meaning of “worker” under the Fair Work Act 2009 (Cth) (FWA), confirming that even unpaid directors may be eligible to apply for a stop bullying order.  

The case of Jacqueline Laughlin v Murray Grey Beef Cattle Society Limited and John Contarino is a timely reminder for employers that stop bullying laws can apply to more than just paid employees. 

Background of the Case

The Applicant, a Director of the Murray Grey Beef Cattle Society Limited (the Society), lodged a stop bullying application under s 789FC(1) of the FWA. She alleged she was bullied at work by the Society’s President.  

In response, the Society argued that the applicant was not a “worker” under the FWA, claiming she was neither paid nor received any benefits for her role. 

Commission Sloan dismissed the Society’s Objection 

The Commissioner noted that both parties failed to grapple with the broad definition of “worker” under the FWA, which requires two key elements to be satisfied: 

• The person must carry out work; and 
• The work must be carried out for a person conducting a business or undertaking (“PCBU”).  

Work can be performed “in any capacity” which includes volunteers and others beyond traditional employees. There is no requirement for a formal contract or remuneration. 

The Commissioner found the Applicant’s duties – such as preparing for and attending board meetings constituted “work”.  

Although neither party addressed whether the Society was a PCBU, the Commissioner was satisfied that it likely met the definition. As such, the application was permitted to proceed and has been listed for directions.  

What Employers Need to Know 

This decision highlights some critical points for employers and boards: 

• “Workers” include more than just employees.
  Volunteer directors and others who perform tasks for an organisation may be covered under the FWA’s stop bullying provisions. 

•  Policies should be broad enough to protect all workers.
  Anti-bullying policies and complaint procedures should apply to anyone performing work. 

• Be prepared to address key elements if challenging application.
  If you intend to dispute a stop bullying application on jurisdictional grounds, you must provide strong arguments addressing whether the person is worker and whether your organisation is a PCBU. 

Final Thoughts

This case serves as a powerful reminder that workplace bullying protections extend beyond traditional employment relationships. Even unpaid directors or volunteers may fall within the Fair Work Act’s broad definition of “worker”. Employers and boards must ensure that their policies, complaint procedures, and conduct standards apply to everyone who carries out work, regardless of title or pay status.

At IRiQ Law, we help organisations understand their legal responsibilities and develop inclusive, compliant frameworks that protect all workers. Whether you’re navigating bullying complaints, governance disputes, or board-level obligations, our team can guide you through the process with clarity and care.

📞 Contact us today for advice tailored to your workplace and board structure.