What is workplace bullying under the Fair Work Act in Australia?
Under the Fair Work Act 2009 (Cth), workplace bullying occurs when an individual or group of workers repeatedly behaves unreasonably towards a worker in a way that creates a risk to health and safety. Reasonable management action carried out in a reasonable manner is explicitly excluded from the definition.
Who is eligible to apply for an anti-bullying order at the Fair Work Commission?
A worker who is employed in a constitutionally covered business — which includes most private sector employers, the Commonwealth public service, and local government — may apply. Contractors and labour hire workers can also apply. State government employees are generally covered by their state WHS authority rather than the Fair Work Commission.
How do I file Form F72 with the Fair Work Commission?
Download Form F72 (Application for an Order to Stop Bullying) from fwc.gov.au and complete it with details of the bullying conduct, the individuals involved, and the remedy you are seeking. Lodge the form online, by email, or in person at any Fair Work Commission registry. The application fee is currently waived for anti-bullying applications.
What orders can the Fair Work Commission make to stop workplace bullying?
The Commission can make any order it considers appropriate to prevent the worker from being bullied at work. This may include ordering changes to work arrangements, directing the employer to implement a bullying policy, requiring mediation, or preventing the bully from contacting the applicant. The Commission cannot award compensation under the anti-bullying jurisdiction.
What happens after I lodge a Form F72 at the Fair Work Commission?
The Commission will first attempt to resolve the matter quickly, often within 14 days of the application. A staff conciliator will usually contact both parties to explore an informal resolution. If conciliation is unsuccessful the Commission may hold a formal conference or hearing and issue a binding order.
Can I make a sexual harassment complaint through a different process?
Yes. Sexual harassment complaints can be made to the Australian Human Rights Commission (AHRC) under the Sex Discrimination Act 1984 (Cth) or, from 2023 onward, as a stop sexual harassment order application at the Fair Work Commission. The AHRC process is free and involves conciliation between the parties.
What can I do through my state work health and safety authority?
If you are a state government employee or if the bullying creates an immediate safety risk, you can report to SafeWork NSW, WorkSafe Victoria, WorkSafe Queensland, SafeWork SA, WorkSafe WA, or NT WorkSafe depending on your state or territory. These agencies can conduct workplace inspections and issue improvement or prohibition notices.
What evidence should I gather before filing a workplace bullying complaint?
Collect written records of each bullying incident including dates, times, locations, what was said or done, and any witnesses present. Save relevant emails, text messages, or chat logs. Keep copies of any formal complaints you have already raised with your employer and any responses you received.
Does the Fair Work Commission anti-bullying process require notarization?
No. Form F72 and any supporting documents lodged with the Fair Work Commission do not require notarization. The application is signed under a declaration of truth and is assessed on its merits.
How does uplaw.ai help with a workplace bullying complaint in Australia?
Tell uplaw.ai what has been happening at work — who is involved, what they have done, and how often it has occurred. We help you identify whether the Fair Work Commission or a state WHS authority is the right pathway and assist you in preparing Form F72 or a written complaint.
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Experiencing workplace bullying in Australia? Tell uplaw.ai what happened.
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