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  • Job loss or dismissal
    • Types of dismissal and termination
    • Unfair dismissal
      • About unfair dismissal
        • What is unfair dismissal?
        • Who the law protects from unfair dismissal
        • Check eligibility for unfair dismissal
      • The rules for small business owners
      • The process for unfair dismissal claims
      • Apply for unfair dismissal (Form F2)
        • Check you are ready to apply for unfair dismissal
      • Respond to an unfair dismissal claim
        • What to do when an employee claims unfair dismissal
        • Respond to a claim for unfair dismissal (Form F3)
          • Help with Form F3 – Employer response to unfair dismissal
        • Object to an unfair dismissal claim
          • Object to an application for unfair dismissal remedy (Form F4)
          • Jurisdiction hearings in unfair dismissal cases
      • Conciliation for unfair dismissal
        • What is conciliation?
        • Tips to prepare for conciliation
        • What happens in a conciliation meeting
        • Options at conciliation for unfair dismissal
        • The role of the independent conciliator
        • Ask to delay a conciliation
      • Withdraw your application for unfair dismissal
      • Possible results of unfair dismissal claims
        • Compensation for unfair dismissal
          • The formula to calculate compensation
        • Reinstatement after unfair dismissal
        • Outcomes or remedies at an unfair dismissal hearing
    • Dismissal under general protections
      • About general protections
        • Understand general protections
        • Who the general protections laws cover
          • The difference between contractors and employees
        • Check eligibility for general protections
        • What is adverse action?
        • Prohibited reasons in general protections
        • Other workplace protections
      • The process for general protections dismissal
      • Apply for general protections – dismissal (Form F8)
      • Responding to a general protections claim
        • Response to general protections application (Form F8A)
        • Object to a general protections dismissal claim
      • Conferences for general protections dismissal
        • Tips to prepare for a general protections conference
      • Possible outcomes of a general protections – dismissal case
      • Apply for arbitration of a general protections – dismissal case (Form F8B)
      • Take your general protections case to court
    • Unlawful termination
      • Apply for help with unlawful termination (Form F9)
      • Respond to an application for unlawful termination (Form F9A)
      • Agree to arbitration for unlawful termination (Form F9B)
    • Redundancy
    • Respond to a claim against a business
  • Issues we help with
    • Common issues in the workplace
      • Resolve a dispute in your workplace
      • Apply for help to promote cooperative workplaces and prevent disputes (Form F79)
    • Bullying
      • The process to resolve workplace bullying
      • What is bullying at work?
        • About reasonable management action
      • What to do if you’re bullied at work
        • How we help stop workplace bullying
        • Who can apply to stop bullying
          • Check eligibility for an order to stop bullying
        • Apply to stop workplace bullying (Form F72)
      • Respond to a bullying claim
        • Respond as an employer or principal in a bullying application (Form F73)
        • Respond as a person named in a bullying application (Form F74)
      • Conciliation for bullying at work
        • Prepare for a conciliation session
    • Sexual harassment
      • What is sexual harassment at work
      • Who can apply for orders to stop sexual harassment at work
      • Discrimination, the general protections and work health and safety
      • What to do if you’re sexually harassed at work
      • The Commission’s process to resolve sexual harassment at work
      • Apply to stop sexual harassment at work
      • Respond to an application about sexual harassment at work
      • Conciliation about sexual harassment at work
      • Conferences and hearings about sexual harassment at work
    • Discrimination
    • Help for small business owners
      • What we are doing to help small business
    • Casual to permanent status
      • Apply to resolve a dispute about casual conversion (Form F10A)
    • Dispute about an award or agreement
      • Apply to resolve a dispute about an award or agreement (Form F10)
    • Disputes about general protections
      • Process for general protection disputes
      • Apply for general protections – no dismissal (Form F8C)
      • Responding to a general protections claim not involving dismissal
    • Industrial action
      • Organise a protected action ballot
        • Apply to hold a protected action ballot (Form F34)
        • Apply to extend the 30-day period for protected action (Form F34A)
      • Types of industrial action
      • Payments during industrial action
      • Ballot results
      • Apply to resolve a stand down dispute (Form F13)
      • Apply to stop unprotected industrial action (Form F14)
    • Cooperative Workplaces program
      • Interest-based approaches
      • Interest-based bargaining
      • Interest-based consultation
      • Interest-based problem-solving
    • Jobkeeper disputes
      • Apply to resolve a jobkeeper dispute (Form F13A)
  • Agreements & awards
    • Enterprise agreements
      • Find an enterprise agreement
        • Agreements in progress
      • About enterprise agreements
        • About single and multi-enterprise agreements
        • About greenfields agreements
        • Historical agreements and instruments
        • Statistical reports on enterprise agreements data
      • Make an enterprise agreement
        • The process to make an agreement
        • Before you start bargaining
          • Timeframes to make an agreement
          • Date calculator for single enterprise agreement
          • Plan to communicate your agreement
          • Bargaining representatives
            • Who can be a bargaining representative?
            • The role of representatives
            • Cancel a bargaining representative
          • Apply for a majority support determination (Form F30)
          • Request to bargain for a replacement agreement
        • Start bargaining
          • Scope orders for enterprise agreements
            • Apply for a scope order (Form F31)
          • Resolve a dispute about bargaining
            • Apply to resolve a bargaining dispute (Form F11)
            • Apply for a bargaining order (Form F32)
            • Apply for a serious breach declaration (Form F33)
          • How to bargain in good faith
          • NERR – Notice of Employee Representational Rights
            • Create the NERR
            • Distribute the NERR to employees
        • Develop the agreement
          • Finalise the draft enterprise agreement
          • Guide to the BOOT
            • How we apply the Better Off Overall Test
            • Check an agreement can pass the BOOT
          • Terms and dates to put in an agreement
          • When employees genuinely agree to an agreement
          • Avoid common errors in agreements
            • Meet the terms in the NES
            • Sign an agreement the right way
            • Make sure your NERR is valid
            • Make 'loaded' rates clear
            • Explain what you did in the access period
            • Ways to pass the BOOT
        • Hold a vote on the agreement
          • Explain the agreement to employees
          • What to give employees during the 'access period'
          • Voting process for agreements
          • Record how and when employees vote
        • Create a greenfields enterprise agreement
          • Apply to approve a greenfields agreement (Form F19)
      • Change a single enterprise agreement
        • Apply for approval to change an agreement (Form F23)
        • Employer's declaration to vary an agreement (Form F23A)
        • Union declaration for variation of an enterprise agreement (Form F23B)
        • Apply to vary an agreement to resolve a casual conversion issue (Form F23C)
        • Apply to terminate an agreement after the nominal expiry date (Form F24B)
      • Approval of enterprise agreements
        • The process to approve an agreement
        • Requirements an agreement must meet
        • About undertakings in agreements
          • How to write an undertaking
        • Approval timelines for agreements
        • Is your agreement application ready to lodge?
        • Forms for approval of agreements
          • Apply to approve a new enterprise agreement (Form F16)
          • Employer declaration for an enterprise agreement (Form F17)
          • Union declaration for an enterprise agreement (Form F18)
          • Employee rep declaration for an agreement (Form F18A)
          • Employer's declaration for a greenfields agreement under s.182(3) (Form F20)
          • Union declaration for a greenfields agreement (Form F21)
          • Apply to approve a new greenfields agreement made under s.182(4) (Form F21A)
          • Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)
          • Union declaration for approval for a greenfields agreement under s.182(4) (Form F21C)
      • Terminate an enterprise agreement
        • Apply to terminate an enterprise agreement by agreement (Form F24)
        • Ways to terminate an individual agreement (IABTI)
        • Declaration to support the termination of an agreement (Form F24A)
        • Declaration to support the termination of an agreement after nominal expiry (Form F24C)
        • Declaration in response to application to terminate an agreement after the expiry date (Form F24D)
      • Sunsetting of zombie agreements
        • What to do if I have a zombie agreement
        • What will happen to my zombie agreement
        • Extending a zombie agreement
    • Awards
      • Find an award
      • Create or change an award
        • Applications to create or change an award
        • Apply to create, change or revoke an award (Form F46)
      • Modern awards pay database
        • Data dictionary
      • What awards contain
      • The difference between awards and agreements
      • Awards research
    • Minimum wages and conditions
      • The national minimum wage
        • National minimum wage orders
      • National Employment Standards
      • Where to find your pay and conditions
      • Superannuation
  • Hearings & decisions
    • Hearings schedule
      • Adelaide hearings
      • Brisbane hearings
      • Canberra hearings
      • Darwin hearings
      • Hobart hearings
      • Melbourne hearings
      • Perth hearings
      • Sydney hearings
      • Regional hearings
    • How the Commission works
      • What to do when we set your tribunal date
      • About conferences and hearings
      • Prepare for a conference or hearing
      • Possible outcomes of a hearing or conference
      • What happens during a hearing
        • Inside the hearing room
      • On the day of your conference or hearing
      • Recording a hearing or conference
      • Ask to delay a hearing or conference
    • Appeal a decision or order
      • The appeals process
        • Reasons you may appeal a decision or order
        • Who can appeal a decision?
        • How to appeal a decision
        • Order to ‘stay’ all or part of a decision
        • Create an appeal book
      • Prepare for an appeal hearing
        • Prepare an outline of submissions for an appeal
        • What happens in an appeal hearing
        • Who sits on an Appeal Bench?
      • Timetable of appeal hearings
      • Results of appeals
      • Apply for permission to appeal (Form F7)
    • Decisions and orders
      • National wage and safety net review decisions
      • Significant decisions and summaries
    • Major cases
      • 4 yearly review
        • All decisions and statements
        • Alleged NES inconsistencies
        • Awards under review
        • Common issues
          • Abandonment of employment
          • Annual leave
          • Annualised salaries
          • Apprentice conditions
          • Award flexibility
          • Blood donor leave
          • Casual employment
          • Family and domestic violence leave
          • Family friendly work arrangements
          • Micro business schedule
          • National Training Wage
          • Overtime for casuals
          • Part-time employment
          • Payment of wages
          • Penalty rates case
            • Decisions & statements
            • General Retail Industry Award
            • Hair and Beauty Industry Award
          • Public holidays
          • Transitional provisions
        • Final stage proceedings
        • Plain language re-drafting
          • Fast Food Industry Award
          • Hair and Beauty Industry Award
        • Timetable
      • Annual wage reviews
        • Annual Wage Review 2022–23
          • Research for the Annual Wage Review 2022–23
          • Timetable for the Annual Wage Review 2022–23
        • Annual Wage Review 2021–22
          • Additional material for the Annual Wage Review 2021–22
          • Correspondence for the Annual Wage Review 2021–22
          • Decisions & statements for the Annual Wage Review 2021–22
          • Determinations for the Annual Wage Review 2021–22
          • Draft determinations for the Annual Wage Review 2021–22
          • National Minimum Wage Order 2022
          • Notices of listing for the Annual Wage Review 2021–22
          • Research for the Annual Wage Review 2021–22
          • Statistical reporting for the Annual Wage Review 2021–22
          • Submissions for the Annual Wage Review 2021–22
          • Timetable for the Annual Wage Review 2021–22
          • Transcripts for the Annual Wage Review 2021–22
        • Annual Wage Review 2020–21
          • Additional material for the Annual Wage Review 2020–21
          • Consultations for the Annual Wage Review 2020–21
          • Correspondence for the Annual Wage Review 2020–21
          • Decisions & statements for the Annual Wage Review 2020–21
          • Determinations for the Annual Wage Review 2020–21
          • Draft determinations for the Annual Wage Review 2020–21
          • National Minimum Wage Order 2021
          • Notices of listing for the Annual Wage Review 2020–21
          • Research for the Annual Wage Review 2020–21
          • Statistical reporting for the Annual Wage Review 2020–21
          • Submissions for the Annual Wage Review 2020–21
            • Initial submissions for the Annual Wage Review 2020–21
            • Post-budget submissions for the Annual Wage Review 2020–21
            • Submissions in reply for the Annual Wage Review 2020–21
            • Supplementary submissions for the Annual Wage Review 2020–21
          • Timetable for the Annual Wage Review 2020–21
          • Transcripts for the Annual Wage Review 2020–21
        • Annual Wage Review 2019–20
          • Additional material for the Annual Wage Review 2019-20
          • Consultations for the Annual Wage Review 2019-20
          • Correspondence for the Annual Wage Review 2019-20
          • Decisions & statements for the Annual Wage Review 2019-20
          • Determinations for the Annual Wage Review 2019-20
          • Junior & apprentice rates in modern awards for the Annual Wage Review 2019-20
          • National Minimum Wage Order 2020
          • Notices of listing for the Annual Wage Review 2019-20
          • Research for the Annual Wage Review 2019-20
          • Research proposals for the Annual Wage Review 2019-20
          • Statistical reporting for the Annual Wage Review 2019-20
          • Submissions for the Annual Wage Review 2019-20
            • Initial submissions for the Annual Wage Review 2019-20
            • Submissions in reply for the Annual Wage Review 2019-20
            • Supplementary submissions for the Annual Wage Review 2019-20
          • Timetable for the Annual Wage Review 2019-20
          • Transcripts for the Annual Wage Review 2019-20
        • Annual Wage Review 2018–19
          • Additional material for the Annual Wage Review 2018-19
          • Consultations for the Annual Wage Review 2018-19
          • Correspondence for the Annual Wage Review 2018-19
          • Decisions & statements for the Annual Wage Review 2018-19
          • Determinations for the Annual Wage Review 2018-19
          • National Minimum Wage Order 2019
          • Notices of listing for the Annual Wage Review 2018-19
          • Research for the Annual Wage Review 2018-19
          • Statistical reporting for the Annual Wage Review 2018-19
          • Submissions for the Annual Wage Review 2018-19
            • Initial submissions for the Annual Wage Review 2018-19
            • Submissions in reply for the Annual Wage Review 2018-19
          • Timetable for the Annual Wage Review 2018-19
          • Transcripts for the Annual Wage Review 2018-19
        • Annual wage reviews archive
          • Annual Wage Review 2012–13
      • Application to terminate the Apple Retail Enterprise Agreement 2014
      • Award flexibility – Hospitality and retail sectors
        • Application to vary the Hospitality Award
        • Application to vary the Restaurant Award
        • Application to vary the Retail Award
        • Background material
        • Correspondence
        • Decisions and statements
        • Notices of listing and directions
        • Research and data
        • Submissions
        • Transcript
      • Ballot for withdrawal of ME Division from CFMMEU
      • Ballot for withdrawal of Manufacturing Division from CFMMEU
      • Family and domestic violence leave review
        • Decisions & statements
      • Proposed On Demand Delivery Services Award (Menulog)
      • Review of certain C14 rates in modern awards
      • Superannuation fund reviews
      • Svitzer Australia Pty Limited industrial action
      • Work value case – Aged Care Industry
        • Correspondence
        • Decisions & statements
        • Notices of listing & directions
        • Research and information
        • Submissions
        • Transcript
      • Previous major cases
        • Application to terminate the IPCA (VIC, ACT & NT) Agreement 2011
        • Ballot for withdrawal of ME Division from CFMMEU
        • Casual terms award review 2021
          • Background material
          • Correspondence
          • Decisions & statements
          • Determinations
          • Notices of listing & directions
          • Submissions
          • Transcripts
          • All documents
        • Clerks – Private Sector Award – Work from home case
        • Equal Remuneration Case 2010-12
          • Applications
          • Correspondence
          • Decisions & statements
          • Draft orders
          • Exhibits
          • Notices of listing
          • Site Inspections
          • Submissions
          • Timetable
          • Transcripts
        • Equal Remuneration and Work Value Case
          • Applications
          • Correspondence
          • Decisions and statements
          • Legislation
          • Notices of listing and directions
          • Orders
          • Papers
          • Submissions
          • Timetable
          • Transcript
        • Health sector awards – pandemic leave case
          • Applications
          • Correspondence
          • Decisions and statements
          • Determinations
          • Information notes and articles
          • Notices of listing and directions
          • Orders
          • Submissions and witness statements
          • Transcript
        • Modern awards review 2012
          • Awards reviewed 2012
        • Undergraduate qualifications review
    • Case law benchbooks
      • Anti-bullying benchbook
        • Overview of benchbook
        • What is workplace bullying?
        • Who is covered?
          • Definition of ‘worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking?
            • What is a Territory or a Commonwealth place?
            • What is a constitutional corporation?
            • What is the Commonwealth?
        • When is a worker bullied at work?
          • What does ‘at work’ mean?
          • Risk of continued bullying
          • What does ‘Reasonable management action’ mean?
        • Making an application
        • Responding to an application
        • What if the worker has been dismissed etc
        • Commission processes
          • Procedural issues
          • Representation by lawyers and paid agents
        • Evidence
        • What are the outcomes?
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
          • Appeals
          • Role of the Court
      • Enterprise agreements benchbook
        • Overview of benchbook
        • What is an enterprise agreement?
          • Single-enterprise agreement
          • Multi-enterprise agreement
          • Differences between single and multi-enterprise agreements
          • Greenfields agreement
        • Content of an enterprise agreement
          • Permitted matters
          • Coverage
          • Scope – who will be covered?
          • Terms & conditions of employment
          • Base rate of pay
          • Nominal expiry date
          • Mandatory terms
          • Flexibility term
          • Consultation term
          • Dispute settlement term
          • Optional terms
          • Terms that cannot be included
            • Terms that exclude the NES
            • Unlawful terms
            • Designated outworker terms
        • Agreement making process
          • Representation
          • Employees must be notified of their right to be represented
          • Bargaining representatives
        • Bargaining
          • Good faith bargaining
          • How long does bargaining take?
        • Voting
          • Voting process
          • Who can vote?
          • Timeframe for vote
          • Voting methods
          • When is an agreement made?
        • What happens if the parties cannot agree?
        • Making an application
          • Common defects & issues
            • National Employment Standards – common defects & issues
            • Better off overall test – common defects & issues
            • Mandatory terms – common defects & issues
            • Other terms of the agreement
            • Pre-approval requirements – common issues
            • Forms & lodgment – common defects & issues
          • Who must apply
          • Timeframe to apply – within 14 days
          • Material to accompany application
          • Signing an agreement
          • Employer must notify employees
        • Commission approval process
          • Genuine agreement
            • Minor procedural or technical errors
          • Where a scope order is in operation
          • Particular kinds of employees
          • Better off overall test (BOOT)
            • When an agreement passes
            • Classes of employees
            • Which award applies
            • Advice about coverage
            • Loaded rates of pay
          • Public interest test
          • Undertakings
          • Powers of the Commission
        • Associated applications
          • Majority support determinations
          • Authorisations to commence bargaining
            • Single interest employer authorisations
            • Ministerial declaration
            • Low-paid authorisations
          • Scope orders
          • Bargaining orders
          • Serious breach declarations
          • Disputes
          • Workplace determinations
            • Low-paid workplace determinations
            • Industrial action related workplace determinations
            • Bargaining related workplace determinations
          • Role of the Court
          • Appeals
          • Varying enterprise agreements
            • Varying by agreement
            • Ambiguity or uncertainty
            • Casual employee definition and casual conversion provisions
            • Discrimination
          • Terminating enterprise agreements
            • Terminating by agreement
            • After its nominal expiry date
          • Terminating individual agreements
      • General protections benchbook
        • Overview of benchbook
          • When is a person covered by the general protections?
        • What are the general protections?
        • How do the general protections work?
          • Rebuttable presumption as to reason or intent
        • Coverage for general protections
          • What is a constitutionally-covered entity?
          • What is a Territory or a Commonwealth place?
          • What is a trade and commerce employer?
          • What is a Territory employer?
          • What is a national system employer?
        • What if I am not covered by the general protections?
        • What is adverse action?
          • What is dismissal?
          • What is ‘injuring’ the employee in his or her employment?
          • What is altering the position of the employee to the employee’s prejudice?
          • What is discriminating between the employee and other employees of the employer?
          • Threatened action and organisation of action
          • Exclusions
        • Workplace rights – Division 3
          • Meaning of workplace right
          • Coercion
          • Undue influence or pressure
          • Misrepresentations
          • Requiring the use of COVIDSafe
        • Industrial activities – Division 4
          • What are industrial activities?
          • Coercion
          • Misrepresentations
          • Inducements – membership action
        • Other protections – Division 5
          • Discrimination
            • Race
            • Colour
            • Gender identity & sexual orientation
            • Age
            • Physical or mental disability
            • Marital status
            • Family or carer’s responsibilities
            • Pregnancy
            • Religion
            • Political opinion
            • National extraction
            • Social origin
          • Exceptions
          • Temporary absence – illness or injury
          • Bargaining services fees
          • Coverage by particular instruments
          • Coercion – allocation of duties to particular person
        • Sham arrangements – Division 6
          • Misrepresenting employment
          • Dismissing to engage as independent contractor
          • Misrepresentation to engage as independent contractor
        • Making an application
          • Dismissal applications
            • Timeframe for lodgment
            • Late lodgment
          • Non-dismissal applications
          • Other types of applications
            • Multiple actions relating to dismissal
            • Unfair dismissal
            • Unlawful termination
            • Court application (interim injunction)
            • Discrimination
        • Power to dismiss applications
        • Evidence
        • Commission process
          • Conferences & hearings
          • Dealing with different types of general protections disputes
          • Rescheduling or adjourning matters
          • Representation by lawyers and paid agents
          • Bias
        • Outcomes
        • Costs
          • When are costs ordered by the Commission?
          • Costs against representatives
        • Appeals
        • Role of the Court
          • Enforcement of Commission orders
          • Types of order made by the Court
      • Industrial action benchbook
        • What is industrial action?
          • Unprotected industrial action
            • Orders to stop or prevent unprotected industrial action
          • Protected industrial action
            • Immunity
            • Common requirements
            • Employee claim action
            • Employer response action
            • Employee response action
            • Pattern bargaining
        • Taking protected industrial action
          • Protected action ballots
            • Who may apply?
            • Making an application
            • Commission process
            • Varying a protected action ballot order
            • Revoking a protected action ballot order
          • Voting
            • Ballot agents
            • Who may vote – roll of voters
            • Ballot papers
            • Voting procedure
            • Scrutiny of the ballot
            • Results of the ballot
            • When is industrial action authorised?
          • Notice requirements
          • Commencing protected industrial action
        • Payments relating to industrial action
          • Partial work bans
          • Unprotected industrial action – payments
          • Standing down employees
        • Suspension or termination of protected industrial action
          • Powers of the Commission
            • When the Commission may suspend or terminate
            • When the Commission must suspend or terminate
              • Threats to persons or the economy
              • Suspending industrial action
            • Requirements relating to a period of suspension
          • Powers of the Minister
        • Enforcement
        • Appeals
      • Sexual harassment benchbook
        • Overview of benchbook
        • What is sexual harassment?
        • Who is covered by the laws to stop sexual harassment at work?
          • Definition of ‘Worker’
          • Definition of ‘constitutionally-covered business’
            • What is a person conducting a business or undertaking (PCBU)?
              • What is a Commonwealth authority?
              • What is a Territory or a Commonwealth place?
              • What is a body corporate incorporated in a Territory?
              • What is the Commonwealth?
        • When is a worker sexually harassed at work?
          • What does ‘at work’ mean?
          • Reasonable belief of bullying or sexual harassment at work
        • Risk of continued sexual harassment
          • Absence of future risk of sexual harassment
          • Change in circumstances
          • Other options for workers who are no longer working for the employer/principal
        • Making an application
          • Responding to an application
        • Commission process – Hearings and conferences
          • Powers of the Commission
          • Procedural issues
          • Representation by lawyers and paid agents
            • Notification of ‘acting for’ a person
            • What is representation?
            • When will permission be granted?
            • Exception – Conference by staff conciliator
            • Representation – Not in a conference or hearing
          • Bias
          • Rescheduling or adjourning matters
        • Evidence
          • Privilege against self-incrimination
        • What are the outcomes?
          • Conciliated outcomes
          • Orders to stop bullying or sexual harassment (or both) at work
          • Considerations
          • When can the Commission dismiss an application?
          • Contravening an order of the Commission
        • Associated applications
          • Costs
            • What are costs?
            • Applying for costs
            • When are costs ordered?
          • Appeals
          • Role of the Court
      • Unfair dismissals benchbook
        • Overview of unfair dismissal
        • Coverage for unfair dismissal
          • Who is protected from unfair dismissal?
          • People excluded from national unfair dismissal laws
            • Independent contractors
            • Labour hire workers
            • Vocational placements & volunteers
            • Public sector employment
          • Constitutional corporations
          • High income threshold
          • Modern award coverage
          • Application of an enterprise agreement
          • What is the minimum period of employment?
            • How do you calculate the minimum period of employment?
            • What is continuous service?
            • What is an excluded period?
          • Bankruptcy
          • Insolvency
        • What is dismissal?
          • When does a dismissal take effect?
          • Terminated at the employer's initiative
          • Forced resignation
          • Demotion
          • Contract for a specified period of time
          • Contract for a specified task
          • Contract for a specified season
          • Training arrangement
          • What is a transfer of employment?
          • Periods of service as a casual employee
          • What is a genuine redundancy?
            • Job no longer required due to changes in operational requirements
            • Consultation obligations
            • Redeployment
          • What is the Small Business Fair Dismissal Code?
        • What makes a dismissal unfair?
          • Valid reason relating to capacity or conduct
            • Capacity
            • Conduct
          • Notification of reason for dismissal
          • Opportunity to respond
          • Unreasonable refusal of a support person
          • Warnings – unsatisfactory performance
          • Size of employer's enterprise & human resources specialists
          • Other relevant matters
        • Making an application
          • Application fee
          • Timeframe for lodgment
          • Extension of time for lodging an application
          • Who is the employer?
          • Multiple actions
          • Discontinuing an application
        • Objecting to an application
        • Commission process – conciliations, hearings and conferences
          • Conciliation
          • Hearings and conferences
          • Preparing for hearings and conferences
          • Representation by lawyers and paid agents
          • Rescheduling or adjourning matters
          • Bias
        • Remedies
          • Reinstatement
            • Order for reinstatement cannot be subject to conditions
            • Order to maintain continuity
            • Order to restore lost pay
          • Compensation
            • Calculating compensation
            • Instalments
            • Mitigation
            • Remuneration
            • Any other matters that the Commission considers relevant
            • Compensation cap
        • Dismissing an application
        • Evidence
        • Costs
          • Costs against representatives
          • Security for costs
        • Appeals
          • Staying decisions
        • Role of the Court
      • JobKeeper disputes benchbook
        • Introduction
          • Overview of the Coronavirus Economic Response provisions in the Fair Work Act
        • JobKeeper enabling directions – general information
          • Service & entitlement accrual while a JobKeeper enabling direction applies
          • When a JobKeeper enabling direction will have no effect
          • Stand downs that are not jobkeeper enabling stand downs
          • Employee requests for secondary employment, training and professional development during a jobkeeper enabling stand down
        • JobKeeper enabling stand down directions – employers currently entitled to jobkeeper payments
          • Directions about duties & location of work
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Anti-bullying benchbook

When is a worker bullied at work?

On this page:

  • Introduction
  • Repeated unreasonable behaviour
  • Risk to health and safety
  • Case examples of bullying behaviour
  • Case examples of NOT bullying behaviour
Content

Introduction

See Fair Work Act s.789FD

A worker is bullied at work if, while the worker is at work in a constitutionally-covered business, another individual, or group of individuals, repeatedly behaves unreasonably towards the worker, and that behaviour creates a risk to health and safety.

Bullying can cover behaviours carried out by one or more people.

Repeated unreasonable behaviour

The concept of repeatedly behaving unreasonably refers to the existence of persistent unreasonable behaviour, and may include a range of behaviours over time. There is no specific number of incidents required for the behaviour to be ‘repeated’, provided there is more than one occurrence, nor does the same specific behaviour have to be repeated.[1]

Unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, may see as unreasonable. In other words it is an objective test.[2] This would include (but is not limited to) behaviour that is victimising, humiliating, intimidating or threatening.[3]

Risk to health and safety

A risk to health and safety means the possibility of danger to health and safety, and is not confined to actual danger to health and safety.[4] The ordinary meaning of ‘risk’ is exposure to the chance of injury or loss.[5] The risk must be real and not simply conceptual.[6]

The bullying behaviour must create the risk to health and safety. Therefore there must be a causal link between the behaviour and the risk. Cases on causation in other contexts suggest that the behaviour does not have to be the only cause of the risk, provided that it was a substantial cause of the risk viewed in a common sense and practical way.[7]

Reasonable management action carried out in a reasonable manner is NOT bullying.

Related information

  • What is workplace bullying?
  • Examples of bullying
  • What does ‘Reasonable management action carried out in a reasonable manner’ mean?

Bullying – case examples

Content

Note: in addition to decisions concerning what may constitute bullying at work under Part 6-4B of the Fair Work Act 2009 (the Fair Work Act), the following examples include cases about bullying in other legal contexts.

Many of the following cases are extreme examples of workplace bullying. Bullying can take many forms. It can involve less overt, less severe and more subtle behaviours. More subtle behaviours such as exclusion can, if frequently repeated over an extended period of time, amount to a significant psychological hazard for a worker.

Work health and safety regulators assess and investigate bullying complaints in accordance with their individual compliance and prosecution policies, which may take into account issues such as the immediate risk to health and safety, possible breaches of work health and safety legislation, evidence, likelihood of success and whether prosecution would be in the public interest. Furthermore, jurisdictions that utilise alternative dispute resolution practices may not keep or publish records of the outcomes in these matters.

For the Fair Work Commission to make an order to stop bullying, an applicant will need to show that on the balance of probabilities, a worker, whilst at work, has been bullied, that the behaviour creates a risk to health and safety, and that there is a risk that the worker will continue to be bullied at work.

Case examples of bullying behaviour

Repeated unreasonable behaviour

Lacey and Kandelaars v Murrays and Cullen

[2017] FWC 3136 (Roe C, 8 June 2017).

Facts
The two applicants were bus drivers and each made an application for an order to stop bullying by their Manager. They alleged that the behaviour engaged in by their manager was unreasonable, including:

  • finding fault with work where there was none
  • raising his voice and being intimidating and turning red
  • hiding in buses in order to frighten the second applicant
  • directing the second applicant to inaccurately fill out his logbook in contravention of fatigue laws, and

acting in a confrontational manner with the first applicant.
In total 12 bus drivers, including the applicants, gave evidence complaining about the Manager’s behaviour.

Outcome
The Commissioner found that the Manager had engaged in repeated, unreasonable behaviour and that behaviour created a risk to health and safety. The Manager had bullied the applicants. However, the Commissioner declined to issue an order to stop bullying. He considered that, as the employer had changed the reporting lines so that the applicants would not be directly managed by the Manager, they would not be at risk of bullying continuing. Further, he also considered that the finding of bullying itself would ‘be sufficient to protect Mr Lacey and Mr Kandelaars from the risk of further bullying’.

Relevance
In this matter the Commission was presented with evidence from both of the applicants, and also from other bus drivers working at the company. The evidence of the other drivers established a number of other incidents where the Manager swore at drivers or humiliated drivers or unnecessarily harassed drivers. This helped to show that the unreasonable behaviour was repeated, and that there was a risk that the drivers would continue to be bullied at work.

Bullying behaviour

Bowker and Others v DP World Melbourne Limited T/A DP World and Others

[2015] FWC 7312 (Gostencnik DP, 16 November 2015).

Facts
Three employees (the applicants) of DP World Melbourne Limited (DP World) employed at its West Swanson terminal each made an application for an order to stop bullying. The applications included allegations of conduct engaged in by individuals who are, or were, employees of DP World, members of The Maritime Union of Australia (the MUA) and/or officials of the MUA.

The unreasonable behaviour began after a complaint was made by one of the applicants to DP World concerning derogatory comments made about her by another employee of DP World. Between mid-2013 and July 2015, the applicants raised with DP World in excess of 212 complaints and concerns about conduct by other employees of DP World and representatives of the MUA, which they believed constituted bullying at work. The applicants alleged in the order of 37 instances of bullying in their application to the Commission. These included:

  • Facebook posts making various unreasonable and insulting allegations and comparisons of two of the applicants
  • a code of silence and bullying workplace culture
  • ostracism from the employee and union group
  • a lack of support from MUA officials, and
  • employees of DP World and MUA members had made various threats to one of the applicants and encouraged other members not to associate with them.

Outcome
The Commission was satisfied that each applicant was subjected repeatedly to unreasonable behaviour engaged in by an individual or a group of individuals, and that behaviour created a risk to their health and safety, saying that ‘the conduct engaged in ... is something about which no respondent party to these proceedings should be proud’. The Commission found that a code of silence, said to be a ‘prevailing culture or paradigm where employees at the WS Terminal will not make complaints to DP World or verify complaints made, for fear of being labelled a ‘lagger’ or being ostracised in the workplace’ still existed, and while steps had been taken by DP World to address the code more could be done.

Relevance
The ongoing unreasonable behaviour in this case was varied and frequent, with the applicants raising in excess of 212 complaints and concerns. Further impacting the effect of the behaviour was the fact that DP World had, on numerous occasions, failed to comply with the requirement under its Workplace and Bullying Policy to promptly deal with complaints. This slow response along with the negative workplace culture with the ‘code of silence’ exacerbated the effect of the workplace bullying on the applicants. Not dealing with allegations of workplace bullying appropriately may give the impression that unreasonable behaviour is an accepted part of the workplace.

CF and NW

[2015] FWC 5272 (Hampton C, 5 August 2015).

Facts
Two applicants made applications for orders to stop bullying. The applicants were employees of a relatively small real estate business and remained employed at the time the applications were heard. The applications alleged bullying conduct by a Property Manager engaged by the employer and then subsequently employed by a related company. Both applications concerned alleged conduct in the same workplace and the same unreasonable behaviour. The alleged behaviour by the Property Manager included:

  • belittling conduct
  • swearing
  • yelling and use of otherwise inappropriate language
  • physical intimidation, and
  • threats of violence.

The applicants raised some concerns with employer, these were the subject of an informal investigation and an attempted workplace mediation. With the support of the employer, the Property Manager resigned her employment with the employer but took up an equivalent position with a related company. At hearing the employer conceded that a finding that bullying conduct had taken place in the workplace could be made.

Outcome
The Commission found that the conduct revealed a workplace culture where unprofessional and unreasonable conduct and interactions had taken place which created a risk to health and safety of a number of workers involved. The Commission further found that the applicants had been bullied at work and was satisfied that there was a risk that the applicants would continue to be bullied at work.

Relevance
The culture in this workplace led to a situation where the applicants were subject to unreasonable behaviour by the Property Manager. The employer has a responsibility to ensure a safe workplace which is free from workplace bullying, this includes the conduct of staff it employs.

Repeated unreasonable behaviour

Re Ms LP

[2015] FWC 6602 (Hampton C, 4 November 2015).

[2016] FWC 763 (Hampton C, 12 February 2016).

Facts
The applicant was employed as a Food and Beverage Attendant at a family owned restaurant. She sought orders to stop certain alleged conduct by the group of individuals including orders for the employer to conduct management courses to be completed by the Supervisors at the restaurant and for all staff to attend training in relation to bullying conduct. The applicant's complaints centred around incidents of aggressive and intimidating conduct as well as exclusion from staff meetings. The employer contended that the alleged conduct was not bullying but rather was reasonable management action carried out in a reasonable manner.

Outcome
The Commission was satisfied, on fine balance, that there was sufficient relevant unreasonable behaviour towards the applicant and/or the group of workers to which she belonged whilst at work to constitute bullying. However, much of that behaviour occurred in a particular context that had now changed, with two of the persons involved no longer working at the restaurant.

In a separate decision the Commissioner declined to issue orders to stop bullying as positive measures had been taken by the employer and the Commissioner did not consider that the making of orders ‘would be conducive to the constructive resumption of working relationships’.

Relevance
Even where a finding of bullying and some future risk is made, the Commission must consider whether it is appropriate to make an order.

NOT reasonable management action conducted in a reasonable manner

Burbeck v Alice Springs Town Council; Georgina Davison; Skye Price; Clare Fisher

[2017] FWC 4988 (Wilson C, 6 October 2017.

Facts
The applicant was subject to 6 separately identifiable instances of management action.

Outcome
The Commissioner considered each instance in turn, determining that some aspects of the action were unreasonable, including the failure of the employer to consider grievances lodged by the applicant. It was also found that a failure by the applicant’s manager to adequately check her leave balance resulted in her annual leave being unreasonably refused.

In considering whether to issue orders, the Commissioner considered that there was a likelihood that the unreasonable behaviour would continue and there was some risk that it could create a risk to health a safety. In part, the ongoing nature of the behaviour was partly attributed to the applicant, considering that ‘the presence of this contributory behaviour and conduct inevitably tempers consideration of what may be done about the conduct’.

Relevance
An applicant’s own conduct is a matter that the Commission may consider relevant under s.789FF(2)(d) when considering the terms of an order. Orders included the provision of anti-bullying and positive communication training to all individuals involved in the application, including the applicant.

Multiple manifestations

Nationwide News Pty Ltd v Naidu; ISS Security Pty Ltd v Naidu

[2007] NSWCA 377 (21 December 2007), [(2007) 71 NSWLR 471].

Facts
A male labour hire employee succeeded in obtaining damages in negligence against his employer and the company for which he performed work on the basis that he was subjected to bullying behaviour from an individual at the workplace over five years including:

  • physical and sexual assault
  • threats such as ‘I will do you’
  • grossly improper conduct, including racist and sexist vilification
  • requirements to work unreasonable hours for up to 18 months while being underpaid
  • being required to ask the bully for permission to go to the toilet, and
  • being unreasonably refused carers’ leave.

Outcome
The Court found that the conduct perpetrated on the worker was prolonged, abusive, intimidating and physically threatening. It was bullying in an extreme form. The perpetrator’s conduct was ‘so brutal, demeaning and unrelenting that it was reasonably foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognisable psychiatric injury’.

Relevance
Although this is not a decision of the Commission, it has been included as an example of extreme bullying occurring in the workplace. The damages/compensation awarded in this case are not available in the Commission as the Fair Work Act does not allow the payment of compensation or damages.

Ostracism

Willett v State of Victoria

[2013] VSCA 76 (12 April 2013).

Facts
The bullying target, a police officer, alleged she was bullied after being moved into a new unit including by:

  • conversations concerning the manner in which the target got the job and about her pregnancy
  • the use of the ‘black widow’ epithet and other offensive conversations
  • requirements to carry out alternative duties while pregnant which the target did not agree to
  • exclusion from social club activities
  • disadvantageous work station and rostering arrangements and requirements to ‘act as messenger’, and
  • social ostracism.

The employer denied that many of the events detailed actually occurred.

Outcome
The jury found that the target did suffer injury as a result of the employer’s negligence. The target had suffered a serious mental disturbance caused by the respondent’s conduct. The decision was affirmed on appeal.

Relevance
Although this is not a decision of the Commission, it has been included as an example of bullying occurring in the workplace, including bullying by exclusion of the target from workplace activities. The damages/compensation awarded in this case are not available in the Commission as the Fair Work Act does not allow the payment of compensation or damages.

Bullying downwards

Swaran Lata Kumar and Macquarie Partnership Lawyers

[2005] NSWIRComm 202 (14 July 2005).

Facts
The bullying target made legitimate complaints about late pay, which culminated in her being dismissed from her employment as a legal secretary after six months. She sought relief under the victimisation provisions of the Industrial Relations Act 1996 (NSW), alleging bullying that involved:

  • changing working hours with one working day’s notice and without explanation
  • a telephone call to the worker’s in-laws, during which a partner at the firm initiated a discussion about her work performance
  • a letter raising concerns about the target’s honesty in observing her hours of work, using the firm’s resources for personal use and not accepting instructions
  • suggestions that the target resign after commencing victimisation proceedings • raising an outstanding conveyancing account ‘as a lever’ to force resignation
  • labelling the target ‘shameless’
  • raising performance issues about clerical mistakes that ‘were so inconsequential as to be almost laughable’
  • accusing the target of feigning headaches after being disciplined the day before and arguing with supervisors, and
  • inconsistent disciplinary action when compared with others.

Outcome
The court found the respondent 'embarked on a deliberate, disgraceful and relentless campaign to force the applicant's resignation', accepting that the worker was subjected to 'a pattern of victimisation'. The court granted relief including reinstatement to her former employment and compensation.

Relevance
Although this is not a decision of the Commission, it has been included as an example of bullying in the workplace following complaints made by the employee. The damages/compensation awarded in this case are not available in the Commission as the Fair Work Act does not allow the payment of compensation or damages.

Dillon v Arnotts Biscuits Limited

Print P4843 (AIRC, Tolley C, 10 September 1997).

Facts
The applicant resigned from her employment as a packer on a production line, but subsequently sought reinstatement on the basis that her resignation had been forced by bullying including:

ongoing bullying by her supervisor, ‘to the point of reducing her to tears’
isolation following her return to work after a work-related illness, including being assigned to an isolated workstation by herself, facing a blank wall with her back to her fellow employees
being singled out by a supervisor for ‘special treatment’ to ‘toughen her up’, and
selective application of the employer’s return to work rehabilitation policy, to suit the supervisor.
Outcome
The Commission found that the applicant had been subject to ‘incessant bullying, abuse and harassment’ by her team leader and that the applicant did not receive the support she was entitled to ‘as a human being by any level of management at the company’. The applicant was reinstated and awarded all lost income at the rate of pay, including shift allowances she was receiving prior to her dismissal.

Relevance
Although this is a decision of the Commission prior to the introduction of the anti-bullying provisions, it has been included as an example of how bullying may be aggravated by a lack of support at any level of the organisation.

Bullying upwards

New South Wales v Mannall

[2005] NSWCA 367 (28 October 2005).

Facts
The plaintiff claimed her employer was negligent in allowing her to be bullied for approximately two years after being promoted to a team leader position ahead of her former manager. In the worker’s new role she was required to ‘attack the workplace culture’ and assist in an organisational restructure. The worker alleged she was subjected to victimisation, harassment, humiliation and abuse, including:

  • lack of co-operation from the team
  • rudeness, obstruction and a refusal to accept proper direction to cease inappropriate work practices
  • treating the team leader in a demeaning and denigrating manner during meetings
  • ‘day to day undercurrent of reluctant cooperation and at times open hostility’, and
  • excluding the team leader from a meeting convened to document a list of grievances, including a list of ‘inappropriate behaviour by Team Leader’ signed by most of the attendees.

Outcome
The Court held that the worker’s employer had been negligent in failing to respond to her requests for assistance to deal with the team’s insubordination. The decision was affirmed on appeal.

Relevance
Bullying does not necessarily involve conduct of more senior employees towards more junior employees. A more senior employee may be bullied by employees that report to him or her.

Case examples of NOT bullying behaviour

Psychiatric injury not caused by bullying

Aksentijevic v Victoria Racing Club Limited

[2011] VSC 538 (27 October 2011).

Facts
The applicant, who was employed at a racetrack, suffered a workplace injury and was away from work for 2 weeks on WorkCover. When he returned he alleged that he was bullied and required to perform tasks he had not performed before, or which he had to perform alone, including:

  • collecting stones from the sand track
  • collecting manure from the sand track and the Visco track, and
  • mowing around the sand track alone.

The applicant claimed that the tasks were demeaning and humiliating for him and as a consequence, he became stressed. The employer denied allocating him these tasks. The applicant also claimed that he was discriminated against and bullied when he was sent home for not wearing the prescribed uniform shirt.

Outcome
The Court did not accept the applicant’s evidence that he had been required to perform the tasks described. The Court further found that the direction to go home for not wearing the prescribed uniform shirt did not constitute bullying.

Relevance
Reasonable management action carried out in a reasonable manner does not constitute bullying. In this case the court was satisfied that the track manager was fair, but firm, with the employees who worked under him.

Behaviour did not fall within the scope of bullying

Re Ms SB

[2014] FWC 2104 (Hampton C, 12 May 2014).

Facts
The applicant managed a team of employees. It was alleged that two of the employees, who reported to the applicant, started behaving unreasonably towards the applicant by harassing her on a daily basis and spreading rumours about her in the workplace.

One of the employees made bullying allegations against the applicant (immediately prior to the applicant lodging her application). An investigation by a legal firm was arranged by the employer which found that the allegations against the applicant were justified in part, whereas the complaints by the applicant were not substantiated.

The applicant did not rely upon the legal firm’s investigation as evidence of bullying conduct in its own right, but as support for her proposition that there was a risk of ongoing bullying conduct; principally on the basis that no action was being proposed in relation to the employee.

The applicant sought orders from the Commission directed at stopping the alleged conduct of the remaining employee (the other alleged bully having left the organisation), compliance by the employer and others with the workplace bullying policies operating at the workplace, and the monitoring of workplace behaviour by the employer.

Outcome
The Commission was not satisfied that the alleged behaviour occurred and/or was unreasonable in the context that it occurred; some of the behaviour was bordering upon unreasonable but not such as to fall within the scope of bullying behaviour. Also the Commission was not satisfied that the limited degree of unreasonable behaviour by the individuals concerned was such that it created a risk to health and safety. As a result, the Commission was not satisfied that the applicant had been bullied at work and the application was dismissed.

The Commission noted that the applicant had not acted vexatiously in bringing her application and that the application was not made without any foundation. The Commission also noted there were some cultural, communication and management issues in the workplace that needed to be addressed by senior management.

Relevance
It is necessary to examine whether an individual or group of individuals have repeatedly behaved unreasonably towards the applicant, and whether such behaviour has created a risk to health and safety.

No repeated incidents of unreasonable behaviour

Application by Singh

[2015] FWC 5850 (Hampton C, 28 August 2015).

Facts
The applicant was a worker employed by Programmed Integrated Workforce Pty Ltd (PIW) and was often assigned to work at Coca Cola Amatil (CCA).

He alleged that he had experienced an incident where the person named in the application had both verbally and physically assaulted him. The applicant, however, accepted that the conduct only occurred once.

The respondent parties objected to the application on the basis that, even if the incident did occur as the applicant alleged, which was disputed, the behaviour did not amount to bullying within the definition of the Fair Work Act as the unreasonable behaviour had not occurred repeatedly.

Outcome
The Commissioner confirmed the decision in Re Ms SB where it was found that there ‘is no specific number of incidents required for the behaviour to represent ‘repeatedly’ behaving unreasonably (provided there is more than on occurrence), nor does it appear that the same specific behaviour has to be repeated’.

It was reinforced, however, that ‘(t)he definition implies the existence of persistent unreasonable behaviour but might refer to a range of behaviours over time… The unreasonable behaviour must however be repeated’. The application was dismissed.

Relevance
Unreasonable behaviour can include a range of behaviours over time or an unreasonable behaviour that is repeated. In this case a single incident, whilst clearly unreasonable and inappropriate, was not enough to provide the necessary jurisdiction for the Commission to determine this particular application.

The Applicant v General Manager and Company C

[2014] FWC 3940 (Roe C, 17 June 2014).

Facts
The applicant was a training manager responsible for the employer’s training business in Victoria and had a team of seven or eight other employees including trainers. The financial performance of the training part of the business was not considered to be satisfactory. At a national conference the Managing Director announced that reporting arrangements would change.

The General Manager alleged that the applicant avoided him, failed to attend meetings, failed to keep him updated about important information about the business and about staff dissatisfaction, and discouraged the engagement of members of her team with the General Manager. On 30 October 2013 the General Manager called the applicant into his office and told the applicant that her behaviour was not acceptable and that he was not prepared to put up with it continuing.

The applicant alleged that what occurred at this meeting was bullying behaviour. The applicant further alleged that there were a number of subsequent incidents between 30 October 2013 and 28 November 2013, in which the General Manager failed to inform and encourage her involvement in relevant meetings, failed to provide adequate information about reporting responsibilities and expectations, undermined her position by going directly to members of her team, and was overly intrusive and micro-managing.

The applicant submitted that the instances of bullying generally occurred in private exchanges between the General Manager and herself and that in front of others the General Manager did not generally behave unreasonably.

Outcome
The Commission was satisfied that the health and safety of the applicant was negatively impacted and continued to be impacted by what happened at work. However, the Commission found that the only instance of unreasonable behaviour was in the General Manager failing to properly respond to the applicant’s request to have a support person at future meetings. The Commission was not satisfied there were repeated incidents of unreasonable behaviour which were not reasonable management action carried out in a reasonable manner.

Relevance
For orders to be made, the Commission must find repeated instances of unreasonable behaviour that are not reasonable management action carried out in a reasonable manner.

References

Content

[1] Re Ms SB [2014] FWC 2104 (Hampton C, 12 May 2014) at para. 41.

[2] ibid., at para. 43.

[3] House of Representatives Standing Committee on Education and Employment report, Workplace bullying “We just want it to stop”, at p. 15.

[4] Thiess Pty Limited v Industrial Court of New South Wales [2010] NSWCA 252 (30 September 2010) at paras 65–67, [78 NSWLR 94]; Abigroup Contractors Pty Limited v Workcover Authority of New South Wales (Inspector Maltby) [2004] NSWIRComm 270 (24 September 2004) at para. 58, [(2004) 135 IR 317].

[5] Macquarie Concise Dictionary definition Re Ms SB [2014] FWC 2104 (Hampton C, 12 May 2014) at para. 45.

[6] Re Ms SB [2014] FWC 2104 (Hampton C, 12 May 2014) at para. 45.

[7] Newcastle Wallsend Coal Co Pty Ltd v Workcover Authority (NSW) (Inspector McMartin) [2006] NSWIRComm 339 (5 December 2006) at para. 301; Re Ms SB[2014] FWC 2104 (Hampton C, 12 May 2014) at para. 44.

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Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 15 Feb 2022
Location on last update: https://www.fwc.gov.au/when-worker-bullied-work