Bullying under the Fair Work Act 2009 (Cth)

Part 6–4B of the Fair Work Act 2009 (Cth) (FW Act) empowers the Fair Work Commission (FWC) to make orders to stop workplace bullying.

Bullying at work occurs where a worker is subjected to repeated unreasonable behaviour by an individual or group of individuals that creates a risk to health and safety: s 789FD(1). The definition of bullying does not include reasonable management action carried out in reasonable manner: s 789FD(2).

See What constitutes bullying at work?

An application for stop bullying orders may be made by a worker in a constitutionally covered business: s 789FC.

See Who can apply for an order to stop bullying?

The FWC has discretion to deal with an application as it considers appropriate, including by mediation, conference or hearing. The applicant and alleged bully, as well as the principal(s) or employer(s) of the applicant and alleged bully will be given an opportunity to be heard and put forward their case.

See How are anti-bullying applications resolved?

The FWC may grant relief on an anti-bullying application where it is satisfied that (s 789FF):

• • the worker has been bullied at work by an individual or a group of individuals; and
• • there is a risk that the worker will continue to be bullied at work by the individual or group of individuals.

The FWC can make “any order it considers appropriate” to prevent the worker from being bullied, apart from an order requiring payment of a pecuniary amount: s 789FF(1). The focus of the FWC’s anti-bullying jurisdiction is on preventing future bullying and the restoration of respectful and productive working relationships, not on compensating the worker or punishing the perpetrator per se.

See What can the FWC do to stop bullying?

Other sources of liability

There are other sources of potential liability for employers that fail to provide a working environment that is free of bullying and harassment, including under:

• • work, health and safety legislation;
• • the law of negligence;
• • criminal law; and
• • discrimination laws.

See What are the legal risks associated with workplace bullying and harassment?