The Commission is a tribunal, and operates like a court. Commission staff cannot provide legal advice, or give you advice on how best to deal with bullying at work or how to run your case.
Commission staff can give you information on:
The following video will assist you identify the broad range of options available to assist all parties who are dealing with workplace bullying, including an explanation of the role of the Fair Work Commission.
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.
The Commission has launched this Service, as free legal advice can improve access to justice, reduce participants anxiety and confusion, and avoid unnecessary costs.
In Victoria and NSW we are partnering with a range of law firms, community legal centres and legal aid commissions to provide assistance.
In Queensland we are partnering with Legal Aid Queensland to provide vulnerable persons with access to free legal advice.
The following information may be useful if you're not covered by the national anti-bullying laws, or if you don't think that applying for an order from the Commission to stop bullying is the best option for you.
Workplace bullying can be a breach of health and safety laws, which are administered by regulators in each state and territory. Regulators may decide to respond to complaints of workplace bullying and can prosecute for breaches of health and safety laws. The regulators cannot award financial compensation.
If you think you are being bullied for a discriminatory reason (such as your gender, race, religion, etc.), this may be a breach of human rights or equal opportunity laws.
If you think you're being bullied because you've made a complaint or inquiry about your employment, or because you have a workplace right:
Members of the Defence Force are not covered by the national anti-bullying laws. There are other laws that govern these employees.
You can find a community legal centre in your area at the National Association of Community Legal Centres.
The law institute or law society in your state or territory may be able to refer you to a private solicitor.
Bullying at work is a serious issue that can affect people in a number of ways.
If there is a risk of violence or physical assault, or if there has already been violence or physical assault, you may wish to consider contacting the police.
If you are feeling anxious or depressed, it is important to speak to someone.
Some options are:
If you are having difficulty reading or viewing the information on this website, the Commission can arrange for the information to be made available in a more accessible format.
If English is not your first language, the Commission can arrange an interpreter.