Workplace Bullying in Australia: Understanding Your Rights and Options

Workplace bullying remains one of the most significant psychosocial hazards confronting Australian workers. It affects employees across all industries and occupations, from apprentices and frontline workers to senior executives. The consequences can be devastating, resulting in psychological injury, loss of confidence, reduced productivity, absenteeism, resignation, workers' compensation claims, and, in severe cases, long-term mental health conditions.

The Fair Work Commission (FWC) has jurisdiction to make orders to stop workplace bullying under Part 6-4B of the Fair Work Act 2009 (Cth). These provisions were introduced to provide workers with a practical mechanism to seek intervention before workplace bullying causes irreparable harm.

What is Workplace Bullying?

The legal definition of workplace bullying is found in section 789FD of the Fair Work Act 2009 (Cth).

A worker is bullied at work if:

1. An individual or group repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member; and

2. The behaviour creates a risk to health and safety.

Both elements must be established.

This means that not every unpleasant interaction, disagreement, personality clash, or management decision amounts to workplace bullying.

The conduct must be:

• Repeated;

• Unreasonable; and

• Create a risk to health and safety.

The Importance of Repetition

The legislation requires repeated unreasonable behaviour.

A single incident will generally not constitute workplace bullying, although a serious isolated incident may still give rise to other legal remedies such as discrimination, adverse action, workers' compensation, or work health and safety complaints.

Repeated behaviour may involve:

• Constant criticism;

• Ongoing humiliation;

• Persistent exclusion;

• Repeated threats;

• Continuous undermining of authority;

• Multiple incidents occurring over time.

The conduct does not need to be identical each time. Different forms of unreasonable conduct can collectively establish a pattern of bullying.

What Constitutes Unreasonable Behaviour?

The Fair Work Commission has consistently recognised that unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, would consider unreasonable.

Examples include:

Verbal Abuse

• Swearing at workers;

• Shouting;

• Aggressive language;

• Humiliating comments.

Intimidation

• Threatening dismissal;

• Threatening disciplinary action without basis;

• Threatening a worker's career progression.

Exclusion

• Deliberately isolating a worker;

• Excluding them from meetings;

• Withholding information necessary to perform duties.

Undermining Conduct

• Setting impossible deadlines;

• Constantly changing instructions;

• Deliberately sabotaging work performance;

• Public criticism.

Psychological Harassment

• Spreading rumours;

• Malicious gossip;

• Persistent belittling;

• Ridicule and humiliation.

Abuse of Authority

• Misusing managerial powers;

• Unfair allocation of duties;

• Excessive scrutiny directed at a particular employee.

Risk to Health and Safety

A worker does not need to prove actual psychological injury.

The legislation requires only that the conduct creates a risk to health and safety.

Health and safety risks may include:

• Anxiety;

• Depression;

• Stress;

• Sleep disturbance;

• Emotional distress;

• Reduced concentration;

• Physical symptoms associated with psychological stress.

Evidence often includes:

• Medical certificates;

• GP reports;

• Psychologist reports;

• Workers' compensation documentation;

• Personal diaries and records.

What is Not Workplace Bullying?

The Fair Work Act specifically excludes reasonable management action carried out in a reasonable manner.

This is one of the most important aspects of bullying law.

Employers are entitled to:

• Manage performance;

• Investigate misconduct;

• Allocate work;

• Provide feedback;

• Implement disciplinary processes;

• Direct employees in the performance of duties.

The question is not whether the employee disliked the action.

The question is whether:

1. The management action was reasonable; and

2. It was carried out reasonably.

Examples of Reasonable Management Action

Examples may include:

• Performance improvement plans based on genuine concerns;

• Reasonable performance reviews;

• Investigations into misconduct;

• Lawful directions;

• Reasonable restructuring;

• Counselling regarding workplace behaviour.

However, management action can become bullying when conducted unreasonably.

For example:

• Public humiliation during a performance discussion;

• Excessive or targeted scrutiny;

• Predetermined investigations;

• Disciplinary action based on false allegations;

• Performance management used as retaliation.

Common Forms of Workplace Bullying

Micromanagement

Excessive supervision beyond legitimate operational requirements.

Workplace Isolation

Deliberately excluding a worker from workplace communications or opportunities.

Excessive Workloads

Assigning unrealistic or unmanageable workloads designed to cause failure.

Public Humiliation

Criticising employees in front of colleagues or clients.

Retaliation

Targeting workers who:

• Make complaints;

• Raise safety concerns;

• Exercise workplace rights;

• Participate in investigations.

Cyber Bullying

Bullying can occur through:

• Emails;

• Messaging applications;

• Social media;

• Internal communication systems.

Signs You May Be Experiencing Workplace Bullying

Workers often report:

• Dreading going to work;

• Increased anxiety before shifts;

• Difficulty sleeping;

• Loss of confidence;

• Feeling isolated;

• Constant criticism;

• Fear of speaking up;

• Physical symptoms such as headaches and nausea.

These symptoms should never be ignored.

Evidence is Critical

Successful workplace bullying applications often depend on evidence.

Workers should consider maintaining:

A Bullying Diary

Record:

• Dates;

• Times;

• Locations;

• Witnesses;

• Exact words used;

• Impact on health and wellbeing.

Documentary Evidence

Retain:

• Emails;

• Text messages;

• Teams chats;

• Rosters;

• Performance reviews;

• Meeting notes.

Medical Evidence

Seek assistance from:

• General practitioners;

• Psychologists;

• Psychiatrists.

Medical evidence can assist in demonstrating the health and safety risks arising from the conduct.

Stop Bullying Applications in the Fair Work Commission

A worker who reasonably believes they have been bullied at work may apply to the Fair Work Commission for orders to stop bullying.

The Commission's role is preventative.

It is not designed to punish employers.

Instead, the Commission seeks to stop future bullying behaviour.

Potential orders include:

• Requiring individuals to cease specified conduct;

• Limiting contact between parties;

• Requiring compliance with workplace policies;

• Mandating reporting arrangements;

• Directing workplace training;

• Requiring regular reviews.

Importantly, the Commission cannot award compensation through a stop bullying application.

Alternative Legal Remedies

Depending on the circumstances, workers may also have rights under:

General Protections Provisions

Where bullying occurs because a worker exercised a workplace right.

Anti-Discrimination Legislation

Where bullying relates to:

• Sex;

• Race;

• Disability;

• Age;

• Pregnancy;

• Religion;

• Other protected attributes.

Sexual Harassment Jurisdiction

Where the conduct includes sexual harassment.

Workers' Compensation

Where psychological injury results from workplace bullying.

Work Health and Safety Laws

Where employers fail to manage psychosocial hazards.

Workplace Bullying in Australia: Understanding Your Rights and Options

Employer Obligations

Employers have significant obligations to provide a safe workplace.

This includes managing psychosocial risks such as:

• Bullying;

• Harassment;

• Aggression;

• Occupational violence.

Employers should:

• Maintain bullying policies;

• Train managers;

• Investigate complaints promptly;

• Protect complainants from victimisation;

• Monitor workplace culture.

Failure to act may expose employers to substantial legal and financial consequences.

Practical Steps if You Are Being Bullied

Step 1 – Document Everything

Maintain detailed records from the first incident.

Step 2 – Review Workplace Policies

Understand internal complaint procedures.

Step 3 – Raise the Issue

Where safe to do so, make a formal written complaint.

Step 4 – Seek Medical Support

Consult a GP or psychologist if the conduct is affecting your wellbeing.

Step 5 – Obtain Independent Advice

Early advice often prevents matters escalating unnecessarily.

Step 6 – Consider Legal Options

Different remedies may apply depending on the facts.

Workplace Bullying Can Have Lasting Consequences

Many workers delay taking action because they hope the behaviour will stop.

Unfortunately, workplace bullying often escalates when left unaddressed.

Workers should never feel compelled to tolerate conduct that undermines their dignity, health, safety, or professional reputation.

Australian workplace laws recognise that every worker has the right to perform their duties in an environment free from repeated unreasonable behaviour that creates risks to health and safety.

The law provides mechanisms to intervene, protect workers, and restore safe and respectful workplaces.

Need Help With a Workplace Bullying Matter?

MYUNION assists workers experiencing workplace bullying, harassment, victimisation, disciplinary action, adverse action, discrimination, and other workplace disputes.

Contact MYUNION📧 gethelp@myunion.au📞 1300 MYUNION🌐 www.myunion.au

The Fair Work Commission's stop bullying jurisdiction provides an important avenue for workers seeking protection from ongoing workplace bullying and unsafe workplace conduct. Workers should seek assistance promptly, as early intervention often provides the best opportunity to resolve workplace conflict before it causes lasting harm.