Work guides

Bullied at work. What the Commission can and cannot do.

Updated 29 October 2026 · Australia · Fair Work Act 2009 (Cth)

The short answer

If someone at work repeatedly behaves unreasonably toward you and it creates a risk to your health and safety, you can ask the Fair Work Commission for an order to stop the bullying. The Commission can order almost anything that will stop it, but it cannot order compensation, and it acts only where there is a risk the bullying will continue. If you have already left the job, this route is generally closed.

What counts as bullying

You are bullied at work if an individual or a group:

  • repeatedly behaves unreasonably toward you, or toward a group you belong to; and
  • that behaviour creates a risk to health and safety.

Reasonable management action carried out in a reasonable manner is not bullying. A fair performance review, a lawful direction or a properly run disciplinary process does not count, even if it is unpleasant. A single incident does not meet the "repeatedly" test either, although it may matter under other laws.

Who can apply

  • Workers in the broad sense: employees, contractors, subcontractors, outworkers, apprentices, trainees, students on work experience and volunteers.
  • In a business covered by the scheme, which includes companies (constitutional corporations), the Commonwealth and its authorities, and businesses run mainly in a territory. A sole trader or partnership operating in a state may not be covered. Members of the Defence Force cannot apply.
  • Who reasonably believe they have been bullied, and are still working in or connected to that workplace, so that there is a risk it will continue.

What the Commission can and cannot do

CanCannot
Order the people involved to stop the bullyingOrder anyone to pay you money
Order the employer to comply with or review its bullying policyOrder disciplinary action
Order the employer to give workers information, support and trainingPunish anyone, or order someone sacked
Make any other order it considers right to stop the bullyingMake an order once there is no risk the bullying will continue

The Commission can deal with an application through informal conciliation or a conference before any hearing, and it says that in most cases the parties resolve the issue without a hearing. At those stages you and the other side can agree on any outcome you both accept. In deciding what to order after a hearing, the Commission takes into account any investigation already done and any internal grievance process and its outcome.

Apply using Form F72. The fee is $92.70 from 1 July 2026 and can be waived for serious financial hardship.

Other routes, which may suit you better

  • Sacked or pushed out after complaining? A genuine complaint about bullying at work is usually a workplace right. That is a general protections issue, and the deadline is 21 days.
  • Forced to resign? A resignation forced by your employer's conduct can be a dismissal for unfair dismissal purposes. Again, 21 days.
  • Injured, including psychologically? Workers' compensation is run by each state and territory, with its own rules and deadlines.
  • Is the workplace dealing with it? Employers have duties under work health and safety laws to manage risks to psychological health. Your state or territory work health and safety regulator can investigate.
  • Is it sexual harassment or discrimination? Separate processes apply at the Fair Work Commission and under anti-discrimination law, and they can lead to compensation.

Free help

The Fair Work Commission's Workplace Advice Service gives up to an hour of free legal advice on bullying matters to eligible people without a lawyer or union. Community legal centres and unions can help too.

What the law says

  • s 789FC who can apply, and the meaning of worker
  • s 789FD when a worker is bullied, reasonable management action, covered businesses
  • s 789FF the orders the Commission can make, and the bar on money orders
  • ss 340, 341, 386 complaints as workplace rights; forced resignation as dismissal

Sections are of the Fair Work Act 2009 (Cth). The examples of orders, the limits on them, the fee, the form and the requirement to still be connected to the workplace are from the Fair Work Commission.

The law for matters like yours

This page is the law in general. Ask Atuny about the law for matters like yours in plain English and the short answer is free. It reads the Act, not a forum thread.

Ask a free question
Sacked for complaining, being sick or pregnantIt is unlawful to sack you for asserting your rights, for a protected attribute or for a short illness. No minimum service, no income cap, and the employer has to prove its reason.Sacked unfairly? You have 21 daysWho can make an unfair dismissal claim, what the Fair Work Commission looks at, what you can get, and the 21-day deadline that cannot be ignored.Underpaid? You can go back six yearsHow to check whether you have been underpaid, the records your employer must keep, the small claims route up to $100,000, and when underpayment becomes a crime.How much notice your employer owes youThe minimum notice table, the extra week for over-45s, pay in lieu of notice, who misses out, and what you owe when you resign.

Who this covers. This guide is about people in the national workplace system, which is most people working in the private sector in Australia. Depending on your state, if you work for a state government department or a council, or in Western Australia for a sole trader, partnership or some trusts, state laws may apply instead, although some federal protections, such as unlawful termination, still cover you. The Fair Work Ombudsman (13 13 94) can tell you which system you are in.

This is general information about the law, not advice about your situation. It was checked against the Fair Work Act 2009 (Cth) as compiled on 7 July 2026 and the Fair Work Commission and Fair Work Ombudsman figures for 2026-27. Atuny is not a law firm.