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Anti-bullying
Table of contents
Introduction
A worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying.
This section of our website contains information about:
- what bullying at work is
- who can apply for an order to stop bullying at work, and
- the process to follow.
Video: The Fair Work Commission's role in stopping bullying
The following video provides a general overview of the Fair Work Commission’s anti-bullying jurisdiction including key definitions, how the Commission may deal with an application and what an order to stop bullying is.
Workplace Advice Service – VIC, NSW & QLD
The Commission has launched a Workplace Advice Service (Service), to provide access to free legal assistance to eligible persons, including small business employers seeking employment law advice. This service is currently available in Victoria, NSW & Queensland.
Find out more by visiting our Where to get legal advice page.
What is bullying at work?
Bullying at work occurs when:
- a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work
AND
- the behaviour creates a risk to health and safety.
Bullying does not include reasonable management action carried out in a reasonable manner.
Find out more
- Read the meaning of workplace bullying at s.789FD of the Fair Work Act 2009
- Learn more about what constitutes repeated unreasonable behaviour, risk to health and safety and reasonable management action in the Commission's Anti-bullying benchbook
NOTE: The Commission can only deal with applications for an order to stop bullying if a worker is bullied while they are at work in a constitutionally covered business.
Bullying behaviour may involve, for example, any of the following types of behaviour:
- aggressive or intimidating conduct
- belittling or humiliating comments
- spreading malicious rumours
- teasing, practical jokes or 'initiation ceremonies'
- exclusion from work-related events
- unreasonable work expectations, including too much or too little work, or work below or beyond a worker's skill level
- displaying offensive material
- pressure to behave in an inappropriate manner.
However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.
Find out more
Download our Guide – Anti-bullying (PDF)
What is reasonable management action?
Reasonable management action carried out in a reasonable manner does not constitute bullying.
Reasonable management action may include:
- performance management processes
- disciplinary action for misconduct
- informing a worker about unsatisfactory work performance or inappropriate work behaviour
- asking a worker to perform reasonable duties in keeping with their job
- maintaining reasonable workplace goals and standards.
However, these actions must be conducted in a reasonable manner. If they are not, they could still be bullying.
Video: What is workplace bullying?
The following video provides a comprehensive exploration of the definition of bullying within the Fair Work Act, including reasonable management action and the importance of identifying ongoing risk. The video also looks at who is eligible to make an application and the other parties that may be involved.
What it means to me
If you have received a copy of an application for an order to stop bullying in the workplace, it means:
- Someone believes they have experienced bullying behaviour at work.
- They have applied to the Fair Work Commission for an order to stop the bullying.
- No decision has been made.
- You should carefully read the information that was sent to you with the application.
- So that the Commission understands your point of view, you or your company need to respond to the application, using the correct form, within 7 days.
- The person who is alleged to have engaged in bullying behaviour will also get a copy of the application and has the opportunity to respond to the application if they want to, using the correct form, within 7 days.
- As each case is different, the Commission will decide the best way to deal with the application and will let you know when, where and how that will happen.
- The Commission may try to help the parties resolve the problem together without 'going to court'. If the matter cannot be resolved, or this is not considered appropriate, a formal hearing may be necessary.
If you believe you have been bullied at work:
- You can apply to the Fair Work Commission to help stop the bullying by completing the correct form and sending it in.
- A copy of your application will be sent to your employer and to the person you allege has bullied you at work, and they will be given the chance to respond to your application.
- As each case is different, the Commission will decide the best way to deal with the application and will let you know when, where and how that will happen.
- You should carefully read the information that the Commission will send to you after we receive your application.
- The Commission may try to help the parties resolve the problem together without 'going to court'. If the matter cannot be resolved, or this is not considered appropriate, a formal hearing may be necessary.
- If it goes to a hearing the Commission can make any order the Commission Member considers appropriate to prevent the worker being bullied further. This can include:
- an order requiring the people involved to stop the bullying
- an order to comply with, or review, the employer's bullying policy
- an order requiring workers be provided with further information, additional support and training.
- The Commission cannot make an order for a monetary amount, so cannot order compensation or fines to be paid.
Updated time
Last updated
17 October 2018
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