What is the legal definition of workplace bullying in Australia?

Section 789FD of the Fair Work Act 2009 (Cth) defines bullying at work as: an individual or group of individuals repeatedly behaving unreasonably toward a worker, where that behaviour creates a risk to health and safety. Three elements must be present: REPEATED conduct (single incidents are usually not bullying), UNREASONABLE behaviour, and a RISK TO HEALTH OR SAFETY (mental or physical).

Is performance management bullying?

No — section 789FD(2) of the Fair Work Act explicitly excludes 'reasonable management action carried out in a reasonable manner'. Performance feedback, performance improvement plans, disciplinary action, allocation of work, and direction-setting are protected as long as they are both reasonable in substance AND delivered in a reasonable manner. Yelling, public dressing-down, or denial of a right to respond can flip protected management action into bullying.

How do I make a bullying complaint to the Fair Work Commission?

File Form F72 (Application for an Order to Stop Bullying) with the Fair Work Commission. The filing fee is $87.20 (2025-26), waivable in financial hardship. The FWC will normally try mediation first. You must be a worker who is still at work in the workplace where the bullying is occurring — once you've left the workplace, the FWC's stop-bullying jurisdiction ends.

What evidence do I need for a workplace bullying claim?

Document each incident with date, time, location, who was present, what was said and done, and the impact on your health. Keep emails, messages, performance reviews, and HR communications. Get a medical report if the bullying has affected your health — this supports the s789FD risk-to-health requirement. Witness statements help. The FWC weighs documented contemporaneous evidence heavily.

Can I be sacked for making a bullying complaint?

No. Making a workplace complaint, including a bullying complaint to the FWC, is a 'workplace right' under s341 of the Fair Work Act. Taking adverse action (dismissal, demotion, exclusion) against you because you made a complaint is unlawful — a 'general protections' claim. If your employer dismisses you within 21 days of you making a complaint, that's strong evidence of adverse action.

Bullying or Reasonable Management?

Six questions. Built on the Fair Work Commission's s789FD test. Tells you whether what you're experiencing fits workplace bullying or falls within the 'reasonable management action' defence — and what to do next.

Last verified: 1 July 2025

Question 1 of 6

Has this behaviour happened more than once?

Bullying under the Fair Work Act requires REPEATED unreasonable behaviour. A single incident, no matter how serious, is unlikely to meet the test (though it may be discrimination, harassment, or assault — different laws).

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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.

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Bullying or Reasonable Management?

Has this behaviour happened more than once?

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