For employees
Workplace bullying stop order: what it can and cannot do, and whether you need a lawyer
A stop bullying order is the Fair Work Commission's remedy for bullying that is still happening. It is narrow on purpose: it needs a real, ongoing risk at work, which in practice means you are still employed there, and it awards no compensation. This page is for workers who are being bullied now and want to know whether the order is the right tool, what the process looks like, where the free help is, and when a lawyer is worth the money. It is general information, not legal advice.
Updated . General information, not legal advice.
Time limits that apply
| What | Limit | Source |
|---|---|---|
| Stop bullying order application | No fixed deadline, but only available while there is a real, ongoing risk at work (in practice, while you are still employed there) | Fair Work Act s 789FF |
| General protections application if you were dismissed for complaining | 21 days from the dismissal | Fair Work Act s 366 |
| Commission application fee (2026-27) | $92.70, waivable for serious financial hardship | fwc.gov.au/apply-or-lodge/fees-and-costs |
Do you need a lawyer for this?
Advice usually pays for itself when
- The bullying is tangled up with something bigger: a dismissal in the wind, a performance plan that appeared after you complained, or a sexual harassment or discrimination element.
- You have already left, or are about to, and need to know which other claim carries the money side (general protections, workers compensation, constructive dismissal).
- Your employer may not be covered by the Commission's bullying jurisdiction (not every employer is, and the existing bullying guide explains the coverage rule) and you want that confirmed before you spend the effort.
- You have been offered a settlement or an exit package to make the complaint go away.
The free route is usually enough when
- You are still employed, the bullying is ongoing and what you want is for it to stop. That is exactly the case the order was built for, and the Commission's process assumes you are not represented.
- You have not yet made a written complaint internally and the employer has a process.
- You want a reality check on whether it meets the legal definition (repeated, unreasonable, a risk to health and safety) before doing anything.
- You are a union member.
What is a stop bullying order, in plain words?
It is an order from the Fair Work Commission telling a person or an employer to do, or stop doing, particular things so that bullying stops. The Commission has to be satisfied that you have been bullied at work and that there is a risk it will continue. The law's definition turns on repeated unreasonable behaviour that creates a risk to health and safety, and it carves out reasonable management action carried out in a reasonable way; the existing bullying guide and the wiki entry cover that definition in detail, so this page does not repeat it. What the order cannot do is pay you anything. It awards no compensation, and it does not exist once the risk is gone, which in practice means once you have left the job (Fair Work Act s 789FF).
Is there a deadline?
Not a calendar one. The deadline is the job itself. Because the order is only available while there is a real, ongoing risk at work, the application dies when the employment ends, whether you resigned, were dismissed or were made redundant. So the sequence matters: if you think you might leave, the question of what else you can claim needs to be answered before you go, not after. If you are dismissed after complaining about bullying, a general protections claim may fit, and that has a hard 21-day deadline from the dismissal (Fair Work Act s 366). If the bullying has injured your health, a workers compensation claim runs on the rules of your state, which are not stated here; the wiki entry on workplace injury is the place to start.
What does the Commission look at?
Three things, roughly. First, whether the behaviour happened and whether it was repeated and unreasonable rather than a one-off or a hard but fair management decision. Second, whether it created a risk to your health and safety, which is why medical evidence and a diary carry weight. Third, whether the risk is continuing, because an order is about the future, not punishment for the past. The Commission usually starts with a conference rather than a hearing, and many applications resolve there with agreed steps: a change of reporting line, a mediated conversation, a policy review. Where it does not resolve, the Commission can hold a hearing and make orders. A lawyer is not required, and plenty of people run these themselves with the free tools below.
Should I complain internally first?
Usually, and the Commission will often ask what you have already tried. A written complaint through the employer's process creates a record, obliges the employer to respond, and is frequently where it stops. It also protects you in a second way: making a complaint about your employment is a workplace right, and punishing you for it is unlawful adverse action under the general protections. But there are cases where an internal complaint is not the right first step, for instance where the bully is the owner or the complaint would land with the bully's close ally. If you are in that spot, that is a good moment for the free Ombudsman call or a paid conversation. Either way, keep the diary: dates, what was said, who was there, how you were affected.
When does paying a lawyer pay for itself?
Liquid Employment Lawyers is a paid legal service that FairWork Mate refers people to, not free government help, and a plain stop bullying application is often not where a lawyer earns their fee. The process is designed for unrepresented workers and the outcome is behavioural. Where a lawyer does pay for themselves is when bullying is the visible part of a larger problem. The employer is building a case to dismiss you. You have been told to sign something. The bullying has a discrimination or sexual harassment element that opens a compensation route. Your health has broken down and the question is how a workers compensation claim, a general protections claim and an exit interact. Those are strategy questions with money attached. The first conversation through FairWork Mate is free; scope and fees are agreed with the firm directly.
What is the free route?
The Fair Work Ombudsman is free on 13 13 94 and can explain the Commission's bullying process and your other options. FairWork Mate's tools are free: the psychosocial hazard checker helps you describe the risk to health and safety in the language the Commission uses, the safety complaint triage tool points you to the right regulator if the problem is a safety one, and the which-claim triage sorts bullying from harassment, discrimination and dismissal claims. Your state's work health and safety regulator also takes bullying complaints, and that route continues after you have left the job. A union member can usually get the application run at no extra cost. The existing bullying guide lists free support and crisis services.
Free FairWork Mate tools for this
Talk to Liquid Employment Lawyers about this
Share a few details and their team will be in touch to talk it through. No obligation, and you decide whether to go further after that first conversation.
Liquid Employment Lawyers is an Australian employment law firm and FairWork Mate's paid referral partner, not free Fair Work advice. They discuss scope and any fees with you directly. FairWork Mate is not affiliated with the Fair Work Commission or the Fair Work Ombudsman. For free general guidance, use the tools above or call the Fair Work Ombudsman on 13 13 94.
Prefer to read about the partnership first? About Liquid Employment Lawyers
Common questions
Can I get compensation through a stop bullying order?
No. The order awards no compensation (Fair Work Act s 789FF). It exists to stop ongoing bullying. Compensation, where it is available, comes through other routes such as a general protections claim, a workers compensation claim or a sexual harassment dispute, and which of those fits is a question for advice.
I have already resigned. Can I still apply?
In practice, no. The order needs a real, ongoing risk at work, and once you have left there is nothing for it to stop. Other claims may still be open, including constructive dismissal or general protections if the resignation was forced, and those carry a 21-day deadline where a dismissal is involved.
Is one serious incident enough?
Not for bullying, which needs repeated behaviour. A single incident may still be sexual harassment, discrimination or a safety matter, each with its own route. The which-claim triage tool sorts that.
Is Liquid Employment Lawyers part of the Commission or the Ombudsman?
No. It is a private employment law firm and a paid partner that FairWork Mate refers to. The Fair Work Ombudsman is the free official service on 13 13 94, and FairWork Mate's tools are free.
Does the Commission charge to apply?
The Commission's application fee for 2026-27 is $92.70, and it can be waived for serious financial hardship. The fees page linked on this page is the current source.
Official sources
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.
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