Question 1

What counts as workplace bullying in Australia?

Accepted Answer

Under s.789FD of the Fair Work Act 2009, a worker is bullied at work if an individual or group repeatedly behaves unreasonably towards them, and that behaviour creates a risk to health and safety. Reasonable management action carried out in a reasonable manner is excluded — but unreasonable conduct dressed up as 'management action' is not. The conduct has to be repeated and create a real risk to health and safety, not just be a one-off difficult conversation.

Question 2

Who should I send a workplace bullying complaint to?

Accepted Answer

Send it to HR, or to a manager senior to the person you are complaining about — never to the alleged perpetrator. Most workplace policies require complaints to go through a specific channel; check the policy first. If your employer is small and there is no HR function, address it to a director or owner.

Question 3

What is the FWC stop-bullying jurisdiction (s.789FF)?

Accepted Answer

Section 789FF of the Fair Work Act allows a worker who reasonably believes they have been bullied at work to apply to the Fair Work Commission for an order to stop the bullying. The FWC can order changes to the way work is done, training, or restrictions on contact between people. It is generally treated as a last-resort option after internal complaints have been raised — a written internal complaint is usually a prerequisite to a successful s.789FF application.

Question 4

Should I frame the complaint as a work-health-and-safety issue?

Accepted Answer

If the conduct is causing a measurable health or safety impact (anxiety, sleep disruption, panic before work, increased sick leave), framing the complaint as a psychosocial hazard under WHS legislation can be useful. State WHS regulators (Safe Work in most states) have separate complaints processes, and the duty on a Person Conducting a Business or Undertaking to manage psychosocial hazards is a strong basis for action. Our 'work-health-and-safety framing' option adds the WHS notice into the letter.

Question 5

Can my employer punish me for raising a bullying complaint?

Accepted Answer

Raising a workplace concern in good faith is the exercise of a workplace right. Adverse action against you for raising a complaint (demotion, dismissal, reduced hours, change of duties, sudden performance management) is prohibited under Part 3-1 of the Fair Work Act 2009. If something like that happens shortly after you submit a complaint, that timing is relevant — and a general protections application to the Fair Work Commission has a 21-day clock from the date of the adverse action.

Workplace Bullying Complaint Letter (Australia)

Before you send a bullying complaint

Your details

Who you're sending it to

How would you like to frame the complaint?

Specific incidents

Pattern + impact

What you're asking for

Is the figure right for you?

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