If you are facing workplace bullying in Australia, it is important to know that you have real legal options available to you. Australian law protects workers from repeated, unreasonable behaviour that harms their health and safety at work. You are not alone, and you do not have to put up with it.
This article explains what workplace bullying actually means under Australian law, what your rights are, and the steps you can take to make a formal complaint. Whether you are dealing with a hostile manager, a difficult colleague, or an ongoing pattern of mistreatment, understanding where you stand is the first step.
What Is Workplace Bullying Under Australian Law?
Under the Fair Work Act 2009, workplace bullying happens when a person or group of people repeatedly behaves unreasonably toward a worker, and that behaviour creates a risk to the worker’s health and safety.
The key word here is repeatedly. A single unpleasant incident, while upsetting, does not usually qualify as bullying under the law. It needs to be ongoing behaviour that has a real impact on your wellbeing.
Examples of Bullying Behaviour
Some common examples that can amount to workplace bullying include:
- Constant insults, offensive comments, or humiliation in front of others
- Deliberately leaving someone out of meetings, conversations, or decisions
- Unreasonable work overload or setting impossible deadlines to cause stress
- Withholding information, a worker needs to do their job properly
- Changing rosters or leave arrangements to deliberately disadvantage someone
It is also worth noting that bullying can happen in remote work settings. You do not need to be physically present in an office for the behaviour to be considered workplace bullying.
What Is Not Bullying?
Not every difficult situation at work counts as bullying. Reasonable management action, such as giving feedback on performance, setting work expectations, or managing attendance, is generally not bullying even if it feels uncomfortable.
Differences of opinion, one-off conflicts, or a single heated argument do not meet the legal definition either. The behaviour has to be repeated, unreasonable, and genuinely threatening to your health and safety.
Who Is Protected by Anti-Bullying Laws in Australia?
The national anti-bullying framework under the Fair Work Act covers most workers across Australia. According to the Fair Work Commission, you must be a current worker to apply, meaning you need to still be employed at the place where the bullying occurred.
Workers covered include full-time, part-time, and casual employees, as well as some contractors, outworkers, apprentices, and trainees. Even volunteers in some settings may be covered.
If you have already resigned or been dismissed, you may not be able to use the anti-bullying provisions. However, you may still have other options, such as an unfair dismissal claim or a general protections application, depending on your circumstances.
Some workers, such as members of the Defence Force, are not covered under these laws. If the national system does not apply to you, your state or territory may have its own workplace health and safety laws that offer protection.
Your Legal Options: How to Take Action
If you believe you are being bullied at work, there are several steps you can take. Acting early and keeping good records gives you the best chance of resolving the situation effectively.
Step 1: Raise It Internally
If it is safe to do so, start by reporting the issue to your manager, HR department, or a senior leader in your organisation. Check whether your workplace has a bullying policy in place, because most employers are required to have one.
Keep a written record of every incident, including dates, times, locations, what was said or done, and who witnessed it. This documentation can be crucial if you decide to take the matter further.
Step 2: Apply to the Fair Work Commission
If internal steps have not worked, or if it is not safe to raise the issue internally, you can apply to the Fair Work Commission (FWC) for an order to stop the bullying. The FWC is the national body that handles workplace bullying applications.
The FWC can conduct conciliation sessions, where both sides come together with the help of a neutral third party to try to reach a resolution. If conciliation does not resolve the issue, the FWC may hold a formal hearing and issue orders to stop the bullying.
It is important to understand that the FWC cannot award financial compensation through the anti-bullying process. Its focus is on stopping the behaviour and protecting your safety going forward.
Step 3: Contact Safe Work Australia or a State Safety Body
Workplace bullying is also a workplace health and safety issue. You can report concerns to your relevant state or territory workplace health and safety authority. Safe Work Australia provides national guidance, while each state has its own enforcement body.
These bodies focus on making sure employers are meeting their duty of care to provide a safe work environment. They can investigate complaints and require employers to take corrective action.
Step 4: Contact the Australian Human Rights Commission
If the bullying overlaps with discrimination, for example if you are being targeted because of your race, sex, disability, age, or religion, you may be able to lodge a complaint with the Australian Human Rights Commission (AHRC). The AHRC uses a conciliation process to help resolve complaints.
The AHRC handles complaints under federal anti-discrimination laws and can be a useful pathway when bullying behaviour is connected to a protected characteristic.
Protecting Your Mental Health Through the Process
Dealing with workplace bullying is genuinely stressful, and it can take a toll on your mental health. Many workplaces offer an Employee Assistance Program (EAP), which provides free, confidential counselling for staff. If yours does, use it.
You can also speak with your GP, a psychologist, or a trusted support person. Beyond work-based programs, services like Beyond Blue and Lifeline are available if you need someone to talk to outside of work.
Looking after your wellbeing is not separate from the legal process. In fact, having medical or psychological records of the impact of bullying can actually support your case if you decide to escalate the matter formally.
Getting Legal Advice About Your Workplace Bullying Australia Legal Options
Navigating workplace bullying laws on your own can be confusing, especially when you are already under stress. Speaking with an employment lawyer who understands the Australian system can help you figure out which pathway is right for you.
An employment lawyer can advise you on whether your situation meets the legal definition of bullying, which body to approach, and what evidence you will need. They can also help if you are considering related claims, such as unfair dismissal, workers compensation, or discrimination.
Some community legal centres around Australia offer free or low-cost legal advice to workers who cannot afford private legal fees. These are a good starting point if cost is a concern for you.
Conclusion
Workplace bullying in Australia is taken seriously under the law, and you have genuine rights and pathways available to you. From raising the issue internally, to applying to the Fair Work Commission, to seeking support through the Australian Human Rights Commission, the options are real and accessible. The most important thing is to document what is happening and take action before the situation gets worse.
If you would like to connect with an employment lawyer in your city, lawyer.com.au has a directory of legal professionals across Australia, covering employment law in major cities including Sydney, Melbourne, Brisbane, Perth, and Adelaide. Browse the listings to find someone who can help you take the next step with confidence.
FAQs
1. What counts as workplace bullying under Australian law?
Under the Fair Work Act 2009, workplace bullying occurs when someone repeatedly behaves unreasonably toward a worker and that behaviour creates a risk to the worker’s health and safety. A single incident generally does not meet the legal definition. It must be ongoing and genuinely harmful.
2. Can I make a complaint if I have already left the job?
Unfortunately, you cannot apply to the Fair Work Commission for a stop bullying order if you have already left the employer. The law requires you to be a current worker. However, you may still have other legal avenues open to you, such as an unfair dismissal claim or a general protections application, depending on what happened. Speaking with an employment lawyer can help clarify your options.
3. Can the Fair Work Commission make my employer pay me compensation for bullying?
No. The Fair Work Commission’s anti-bullying process focuses on stopping the bullying behaviour, not awarding financial compensation. If you are seeking compensation, you may need to explore other legal pathways, such as a workers compensation claim or a civil action, depending on your situation. A lawyer can help you understand what may be available in your case.
4. What if the bullying is connected to discrimination, like my race or disability?
If the bullying is linked to a characteristic like your race, sex, age, disability, or religion, you may have additional rights under Australia’s anti-discrimination laws. You can lodge a complaint with the Australian Human Rights Commission, which handles discrimination matters under federal law. Your state or territory may also have its own anti-discrimination body you can approach.
5. How long do I have to make a bullying complaint?
There is no fixed time limit for all types of bullying complaints, but acting promptly is always advisable. For Fair Work Commission applications, it is best to apply as soon as possible after the bullying occurs or is recognised. Different timeframes apply to related claims like unfair dismissal, which generally must be filed within 21 days. Checking with a lawyer early ensures you do not miss any important deadlines.