Being Bullied at Work? Here's What to Do (Step-by-Step Guide)

Under section 789FD of the Fair Work Act, a worker is bullied at work if an individual or group of individuals repeatedly behaves unreasonably towards the worker, and that behaviour creates a risk to health and safety. Both elements must be present: the behaviour must be repeated (a one-off incident, no matter how serious, isn't bullying under this definition) and it must pose a health and safety risk. Bullying can include: verbal abuse, yelling, or aggressive behaviour; intimidation or threats; excluding or isolating someone from work activities; spreading malicious rumours; assigning meaningless or demeaning tasks; deliberately withholding information needed to do the job; setting unreasonable deadlines or workloads; or making unwelcome comments about someone's appearance, lifestyle, or background.

Reasonable management action carried out in a reasonable manner is not workplace bullying, even if the employee finds it unpleasant or stressful. This includes: legitimate performance management and feedback (including critical feedback), disciplinary proceedings following proper procedures, directing employees to perform duties consistent with their job, allocating work and setting reasonable deadlines, making decisions about promotions or transfers based on merit, organisational restructuring or redundancy processes, and refusing unreasonable requests from employees. The key qualifier is 'carried out in a reasonable manner.' If management action is conducted in an aggressive, demeaning, or deliberately humiliating way, it may cross the line into bullying regardless of the underlying purpose.

A worker who is being bullied at work can apply to the Fair Work Commission (FWC) for a 'stop bullying order' under Part 6-4B of the Fair Work Act. To be eligible, you must be a 'worker' at a 'constitutionally-covered business' — this covers most private sector employees, contractors, labour hire workers, volunteers, and students on work experience. The FWC can make orders requiring the bully (or their employer) to stop the bullying behaviour.

Orders can include: directing the employer to review or implement anti-bullying policies, requiring the individual to stop specific conduct, or monitoring compliance. The FWC cannot award financial compensation through the stop bullying process — it can only make orders to prevent future bullying.

To apply for a stop bullying order, complete the Form F72 available on the FWC website. There is no application fee. You should include: details of the bullying behaviour, when and where it occurred, who was involved, any witnesses, and the impact on you.

Once lodged, the FWC typically schedules a conference (often by phone or video) within 14 days. At the conference, a Commission member will hear from both parties and attempt to resolve the matter.

If the matter can't be resolved at conference, it may proceed to a formal hearing where the Commission can make binding orders. The FWC prioritises stop bullying applications and aims to deal with them expeditiously. You can be represented by a lawyer or union official, though this is not required.

If you are experiencing workplace bullying, documenting the behaviour is critical. Keep a contemporaneous diary recording: the date, time, and location of each incident; exactly what was said or done; who was involved and who witnessed it; how the incident made you feel and any impact on your work or health. Save any written evidence: emails, text messages, social media posts, notes left on your desk, or performance reviews that appear unreasonable.

If there are witnesses, note who they're but don't pressure them to take sides. Seek medical or psychological treatment and keep records — medical reports documenting stress, anxiety, or other health impacts directly support your claim that the behaviour creates a risk to health and safety.

Following the Respect@Work report, the Fair Work Commission's jurisdiction was expanded from 6 March 2023 to include stop sexual harassment orders, similar to stop bullying orders. Workers can now apply to the FWC under Part 6-4AA of the Fair Work Act to deal with sexual harassment in the workplace. Also, a positive duty was introduced requiring employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation — rather than just responding after it occurs.

The Australian Human Rights Commission has enforcement powers over this positive duty. Sexual harassment can be a single incident (unlike bullying, which requires repeated behaviour) and includes unwelcome sexual advances, requests for sexual favours, or conduct of a sexual nature.

If you are experiencing workplace bullying or harassment, you don't have to face it alone. Start by reporting through your workplace's internal grievance or complaint process — many employers have HR departments, employee assistance programs (EAPs), or designated complaint officers. Contact your union if you are a member.

For free external advice, call the Fair Work Ombudsman (13 13 94) or your state's workplace health and safety regulator (e.g., SafeWork NSW, WorkSafe Victoria). For emotional support: 1800RESPECT (1800 737 732) provides support for anyone affected by violence or abuse, Lifeline (13 11 14) offers 24/7 crisis support, and Beyond Blue (1300 22 46 36) provides mental health support.

These services are free, confidential, and available to everyone in Australia.