Workplace Bullying in Australia — What to Do (Step-by-Step Guide)
Being bullied at work? This step-by-step guide explains your rights, how to document bullying, where to report it, and how to apply for a stop-bullying order from the Fair Work Commission.
What Counts as Workplace Bullying Under Australian Law?
Workplace bullying is defined under the Fair Work Act 2009 as repeated unreasonable behaviour by an individual or group towards a worker that creates a risk to health and safety. The key elements are that the behaviour must be repeated (a single incident, no matter how severe, does not meet the legal definition of bullying — though it may constitute harassment or another breach), and it must be unreasonable — meaning a reasonable person in the circumstances would see it as unreasonable. Examples of workplace bullying include aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, teasing or practical jokes, exclusion from work-related events or information, unreasonable work demands or impossible deadlines designed to set someone up to fail, withholding information needed to do your job, and repeated changes to rosters or duties to inconvenience you. Importantly, reasonable management action carried out in a reasonable manner is NOT bullying. This means a manager can give you a performance warning, direct you to perform duties within your role, or implement roster changes — provided they do so reasonably and professionally. The distinction between bullying and legitimate management action is one of the most common areas of dispute. If you are unsure whether what you are experiencing constitutes bullying, the Fair Work Commission has published detailed guidance, and many community legal centres offer free advice on workplace issues.
Step 1 — Document Everything
The most important thing you can do from the moment you recognise bullying behaviour is to document it meticulously. Keep a detailed written log of every incident, including the date, time, location, what was said or done, who was present, and how the incident made you feel. Use factual, objective language — rather than writing 'my manager was horrible to me,' write 'on 14 March 2026 at 10:15am in the open-plan office, my manager said in front of three colleagues that my report was pathetic and that I clearly do not understand basic English.' Save copies of any written evidence — emails, text messages, Slack or Teams messages, screenshots of social media posts, and written memos. If communications are verbal, send yourself a contemporaneous email summarising what was said immediately after each incident. Keep all documentation in a personal location — your own email or a personal device — not on work systems where your employer could restrict access. If there are witnesses, note their names. You do not need to ask witnesses to make statements at this stage, but knowing who observed what will be valuable later. This documentation will form the foundation of any complaint, whether internal or to an external body like the Fair Work Commission or a state WHS regulator.
Step 2 — Raise It Internally
Before escalating externally, you should generally attempt to resolve the issue through your employer's internal processes. Most employers are legally required to have policies and procedures for handling bullying complaints — check your employee handbook, intranet, or HR portal. Start by reporting the behaviour to your direct manager (if they are not the bully), HR, or another appropriate person such as a health and safety representative or a more senior manager. Put your complaint in writing, referencing specific incidents from your log and attaching any documentary evidence. Request a written acknowledgement of your complaint and a timeframe for investigation. Your employer has a legal duty under work health and safety laws to provide a safe workplace, and failure to address bullying complaints can expose them to significant liability. If your employer has an Employee Assistance Program (EAP), consider accessing it for psychological support — this is confidential and free. If your direct manager is the person bullying you, escalate directly to their manager or to HR. If there is no HR function (common in small businesses), consider raising it directly with the business owner. If you are a union member, contact your union delegate or organiser — they can advocate on your behalf and attend meetings with you. While raising concerns internally is recommended, it is not a prerequisite for making an external complaint to the Fair Work Commission.
Step 3 — Apply for a Stop-Bullying Order from the Fair Work Commission
If internal processes fail to resolve the bullying, or if the situation is too serious for internal resolution, you can apply to the Fair Work Commission 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 the vast majority of Australian workplaces. You lodge your application using Form F72, available on the FWC website. There is no filing fee for stop-bullying applications. In your application, describe the bullying behaviour, provide your evidence, and explain what orders you are seeking. The FWC treats stop-bullying applications as urgent and will typically list the matter for an initial conference within 7 to 14 days. At the conference, a Commissioner will discuss the allegations with both parties and attempt to reach a resolution. If the matter cannot be resolved, it proceeds to a hearing where the Commissioner hears evidence and makes a determination. If the FWC finds that bullying has occurred and there is a risk it will continue, it can make any order it considers appropriate to prevent further bullying — except an order for financial compensation. Orders can include requiring the employer to implement anti-bullying policies, requiring the bully to stop specific behaviours, changing reporting lines, or requiring monitoring. Breach of a stop-bullying order is a serious matter and can result in penalties.
Other Avenues — WHS Complaints, Workers' Comp, and Legal Claims
Beyond the Fair Work Commission, several other avenues may be available depending on your circumstances. If the bullying creates a risk to health and safety, you can lodge a complaint with your state or territory work health and safety regulator — SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland, and equivalents in other states. These regulators can inspect the workplace, issue improvement or prohibition notices, and prosecute employers for WHS breaches. If the bullying has caused you a psychological injury, you may be entitled to workers' compensation. Psychological injury claims (also called mental health or stress claims) have increased significantly in recent years and are now well-recognised. You will need medical evidence — typically a report from a psychologist or psychiatrist — linking your condition to the workplace bullying. Workers' compensation can cover medical expenses, lost wages, and rehabilitation costs. In serious cases, you may also have a common law claim for damages against the bully personally and/or the employer for negligence in failing to provide a safe workplace. These claims can result in substantial compensation but require legal representation. If the bullying involves discrimination (based on race, sex, age, disability, etc.), you may also have a complaint under federal or state anti-discrimination legislation. Seek legal advice to understand which avenues are most appropriate for your situation — many employment lawyers offer free initial consultations.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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