ANTI-BULLYING – constitutionally-covered business – s.789FC Fair Work Act 2009 – application for order to stop bullying – employer raised jurisdictional objection that it was not a constitutionally-covered business – issue for determination whether employer was a constitutional corporation – Commission satisfied employer was a corporation formed within the limits of the Commonwealth – whether a foreign, trading or financial corporation – applicant submitted employer was a trading corporation – employer submitted it was not a trading corporation because it did not sell goods or services or engage in trading – contended it relied almost entirely on government funding, registered with Charities and Not-for-Profits Commission – a corporation may be a trading corporation even when trading is not its predominant activity but trading must be a substantial not merely peripheral activity [Cowie] – trading activities conducted in the public interest or for a public purpose will not necessarily exclude those activities from being ‘trade’ [Cowie] – no clear authority that determines what proportion of trading activities is ‘substantial’ [Bankstown] – Commission did not accept employer’s reasons for why it was not a trading corporation – authorities establish a charity or not-for-profit organisation may still engage in trading substantial enough to warrant characterisation as a trading corporation – found income employer received from services was not insignificant – found trading activities substantial enough to characterise employer as ‘trading corporation’ and therefore a constitutionally-covered business – jurisdictional objection dismissed – applicant eligible to make application for order to stop bullying. Ms Parfitt
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