Can Quillio handle bullying claims at the Fair Work Commission?
Yes. I prepare anti-bullying applications under Part 6-4B of the Fair Work Act 2009. The FWC can make orders to stop bullying (but not to award compensation). I work on both applicant and respondent sides — building the chronology of alleged bullying conduct, identifying the "repeated unreasonable behaviour" threshold, and preparing the response.
Statutory threshold
Section 789FD defines bullying as repeated unreasonable behaviour by an individual or group towards a worker that creates a risk to health or safety. Each element — repeated, unreasonable, risk — needs specific evidence. Reasonable management action taken reasonably is excluded.
Evidence and chronology
Bullying applications succeed or fail on the chronology. I build a dated log of incidents, witnesses, contemporaneous records (emails, texts, diary notes), and any prior complaints. Vague or gap-filled chronologies fail to meet the threshold.
Stop orders and scope
Stop orders are prospective and workplace-specific. If the applicant has left the workplace, the FWC cannot make orders. I flag this and where appropriate redirect to general protections or work health and safety complaints.
Common issues
- Performance management is not bullying if conducted reasonably — I flag the distinction
- Applications often fail because the applicant has left — confirm ongoing employment
- Cross-claims and reputational issues are significant — handle carefully
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