Seven of his nine complaints failed. Two were enough

Adam Camilleri has been a field engineer with NBN Co since 2016. From 1 July 2024 he reported to a new field area manager, Paul Fitzpatrick, who checked his work vehicle’s ignition data and found he often left home after 6.30am. With his union’s help, Mr Camilleri applied for a stop-bullying order. By the end of the hearing he was relying on nine things his manager had done.

Commissioner Crawford rejected seven of them. Taking away his rostered day off for not working the required hours was reasonable management action, though the way it was done came “very close” to crossing the line. Querying his time, refusing a leave request for operational reasons, and a written warning issued after a proper process were all things a manager may do. The Commissioner also found that Mr Camilleri had repeatedly disobeyed a direction about when to leave home, which the Commission assumed was lawful, because of a separate pay dispute, and that he “is not being bullied merely” because his movements were watched more closely.

Two allegations stuck. Mr Fitzpatrick found Mr Camilleri had broken policy by taking a rostered day off on 18 October 2024, even after Mr Camilleri pointed out that NBN Co’s own systems showed it. And he alleged in writing, without making enough enquiries first, that Mr Camilleri had missed a call-out on the Labour Day public holiday because he was at a barbecue. The Commission found he “was actively looking for issues to raise”. Two unreasonable acts, unchallenged evidence of harm to Mr Camilleri’s health, and the same manager still in charge: that was bullying, with a risk it would continue.

The Commission refused to give him a new manager or cancel his warning. Instead it ordered both men to attend mediation with an external provider, arranged and paid for by NBN Co, within 30 days. NBN Co’s attempt to appeal the barbecue finding failed.