Workplace bullying Australia law — the essentials
Workplace bullying is addressed in several parts of Australian law. The key mechanism to prevent further bullying is a stop-bullying order from the Fair Work Commission (FWC). The definition is set out in the Fair Work Act 2009 (Cth) s 789FD. Related laws include work health and safety (WHS) legislation, discrimination and sexual harassment laws, workers’ compensation schemes and the general protections framework.
Choosing the right pathway depends on what outcome you want (to stop behaviour, protect health, preserve employment, seek compensation, or exit on fair terms) and on urgency. Many people compare internal complaint options with an FWC stop-bullying application and other claims that may be time-sensitive.
Important: This page is general information about workplace bullying Australia law, not legal advice. The right step depends on your facts, jurisdiction and deadlines. If something is urgent, seek advice quickly.
Common workplace bullying issues
Topics people compare first
- Is it bullying or reasonable management action?
- How to stop the behaviour quickly
- Internal complaint vs FWC stop-bullying order
- Remote/online bullying (email, chats, video)
- Performance management used as a shield
- Medical leave, safety and return-to-work
- When to consider unfair dismissal or general protections
- Confidentiality and retaliation concerns
What strengthens your position
Clear dates, a concise timeline, screenshots, emails/messages, witness details, relevant policies and medical notes help focus any complaint or application. Be specific about what you want: stop the behaviour, a safer arrangement, a support person, a transfer, or a structured exit.
If you think a deadline may apply (for example, after a dismissal), act quickly. Early advice often expands your options.
Documents and information that often matter
Gathering the right material makes it easier to evaluate the best pathway and to demonstrate repeated unreasonable behaviour.
- A dated incident timeline (who, what, where, how often)
- Emails, messages, Teams/Slack chats and call logs
- Witness names and brief statements (if available)
- Performance reviews, PIPs, warnings and meeting notes
- Workplace policies, codes of conduct and complaint procedures
- Medical notes, EAP records (if applicable), workers’ comp claim details
- Rosters, task allocations, KPI changes and workload data
- Any internal complaint you have already made and the response
Options and how matters often progress
| Stage | What usually happens |
|---|---|
| Issue identification | Clarify whether conduct meets the bullying definition under the Fair Work Act and whether any urgent health, safety or deadline risk exists. |
| Internal process | Informal or formal complaint to HR/management. Useful where a quick, practical fix is possible and trust in process exists. |
| FWC stop-bullying order | Application to prevent further bullying. The Commission can order measures to stop behaviour (e.g., separation of workers, changes to reporting lines, compliance with policy). |
| WHS regulator contact | Report psychosocial hazards to the state/territory safety regulator (e.g., SafeWork). Focus is on health and safety risk management. |
| Related claims | Consider unfair dismissal (21-day limit), general protections (21-day limit if dismissal-related), discrimination/sexual harassment and workers’ compensation where relevant. |
| Negotiation | Lawyer-led correspondence may secure undertakings, adjustments, a supported return-to-work or an agreed exit with terms. |
Costs and timelines
Typical timeframes
- FWC stop-bullying applications are often listed quickly (weeks), especially where risk is ongoing.
- Internal complaints vary: some resolve in days; complex investigations can take weeks to months.
- Strict limits: unfair dismissal and dismissal-related general protections claims usually have a 21-day filing limit.
Expected costs
- FWC stop-bullying applications generally have no filing fee. Each party typically pays their own legal costs; cost orders are rare.
- Lawyer fees depend on complexity. As a guide: document review and strategy $350–$900; application drafting $1,200–$3,500; representation through conciliation/hearing depends on time required.
- Medical and report costs vary by provider and state scheme (workers’ comp).
Workplace bullying FAQ
What is workplace bullying under Australian law?
Repeated unreasonable behaviour towards a worker that creates a risk to health and safety. It excludes reasonable management action carried out reasonably.
Can the FWC award compensation for bullying?
No. The Commission focuses on stopping the behaviour. Compensation may be available through other avenues depending on the facts.
Who can apply for a stop-bullying order?
A broad range of workers (employees, contractors, apprentices, volunteers and more) if the employer is a constitutionally-covered business.
What is not bullying?
Reasonable management action done reasonably, such as lawful performance management, is not bullying even if it is unpleasant.
What evidence should I keep?
Timeline, emails/messages, meeting notes, witness details, policies, performance documents, and any medical notes related to stress or injury.
How long do matters take and what does it cost?
FWC applications can be listed quickly. There is generally no filing fee for stop-bullying applications. Each side usually pays their own legal costs.
Can I apply after leaving my job?
Stop orders are about preventing future bullying. If the employment has ended, other claims (like unfair dismissal or general protections) may be more suitable.
Need help with workplace bullying?
Use this confidential form if you want help comparing your options, understanding likely outcomes and estimating costs. An Australian team member will reply within 1 business day.