The Fair Work Commission (FWC) has an extremely heavy workload. With its workload increasing by almost 25% in roughly the last five years (and no sign of a change in trajectory), that workload is not getting any lighter.
This context is apt in a recent FWC decision which reaffirms that its anti-bullying jurisdiction is not a forum for every workplace grievance to be aired.
Background
A long-serving Telstra employee, Terrence Mahoney, lodged a bullying complaint against Telstra and two individuals, including his manager. He alleged 15 incidents of bullying, mostly relating to his performance assessment and management communications during a period when he was on extended leave.
Telstra objected, arguing the conduct did not occur at work and, in any event, amounted to reasonable management action.
Findings
The FWC found that:
- The alleged conduct did not occur ‘at work’ as defined by case law, since Mr Mahoney was on extended leave and not performing work duties at the time of the alleged conduct.
- The incidents alleged did not in any case amount to unreasonable behaviour. The Commission accepted that Telstra’s managers were responding reasonably to complex employment and leave queries. While there were delays in communication, these reflected the realities of a large organisation’s processes, not bullying.
Notably, the Commission observed that Mr Mahoney’s own conduct towards management was, at times, unreasonable. The Deputy President remarked that if anyone could claim bullying, it was the manager, not the applicant.
Key takeaways
This decision is a timely reminder that:
- Not every disagreement or dissatisfaction with management decisions – such as performance ratings or delayed responses – necessarily constitutes bullying under the Fair Work Act.
- The threshold for a finding of bullying is relatively high, and requires repeated, unreasonable conduct that creates a risk to health and safety.
The case also highlights the risk for all participants in litigated processes of ‘blowback’ in published decisions. As Deputy President Lake put it:
‘The Applicant seems to believe that any action by a manager which he does not like is bullying. That is not what bullying is.’
‘It is unfortunate that the Applicant has seen fit to waste the Commission’s time with what is, in my view, a spiteful campaign against [the Applicant’s manager] fuelled by a series of pedantic complaints and an unwavering belief that he must be right. The Applicant could have instead spent that time focussing on his recovery. I am hopeful that the Applicant reads this decision and reflects on his own behaviour.’
The full decision is here: Terrence Mahoney [2026] FWC 490 (13 March 2026)
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