How to apply for a stop bullying order from the Fair Work Commission
A worker who has been bullied at work can apply to the Fair Work Commission for a "stop bullying order" under section 789FC of the Fair Work Act 2009 (Cth). The FWC can make orders to prevent the bullying from continuing but cannot award compensation. The application is made on Form F72 and there is no filing fee.
The framework
Part 6-4B of the Fair Work Act 2009 (Cth), sections 789FA-789FI. A worker is "bullied at work" if repeated unreasonable behaviour by an individual or group creates a risk to health and safety (s 789FD).
The process
Confirm you are eligible to apply
You must be a "worker" in the national workplace relations system and the bullying must be ongoing (you must still be at the workplace). If you have already left, the FWC cannot make a stop bullying order.
Document the bullying behaviour
Create a detailed chronology of incidents — dates, times, what happened, who was involved, and any witnesses. Attach copies of emails, messages, and any other evidence.
Attempt to resolve the issue internally
Use your employer's internal grievance or bullying complaint process. Keep records of any complaints made and the employer's response.
Get medical evidence if your health is affected
See your GP or psychologist if the bullying has affected your mental or physical health. Medical reports can support your application.
Complete Form F72
Fill out the Application for an Order to Stop Bullying (Form F72). Describe the bullying, identify the person(s) doing the bullying, explain the steps you have taken to resolve it, and state the orders you want.
Lodge Form F72 with the FWC
File the form online via the FWC website, or by email or post to any FWC office. There is no filing fee. Attach your supporting evidence.
FWC lists the matter urgently
The FWC prioritises anti-bullying applications. The matter is typically listed for an initial conference within 14 days. The respondent and employer are notified.
Attend the FWC conference
The FWC member conducts a conference to explore whether the matter can be resolved by agreement. Both parties attend. The conference is private and informal.
Attend a formal hearing if necessary
If the matter is not resolved at conference, the FWC holds a hearing. Evidence is given, witnesses may be called, and both parties can make submissions. Permission is needed for legal representation.
FWC makes (or declines) a stop bullying order
If satisfied that bullying occurred and is likely to continue, the FWC makes any order it considers appropriate — for example, requiring the employer to monitor behaviour, change reporting lines, or provide training. Breach of an order is a civil penalty.
Common mistakes
- Applying after leaving the workplace — you must still be "at work" for the FWC to have jurisdiction
- Describing a single incident as bullying — the conduct must be repeated
- Not identifying the specific person(s) responsible — "management" is too vague
- Expecting the FWC to award compensation — stop bullying orders are preventive only
- Not attending the conference — the application may be dismissed if you do not appear
Get this process right with Quillio
Quillio helps you complete Form F72, prepare your incident chronology, and draft submissions for FWC anti-bullying conferences. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about stop bullying orders — not legal advice. If you are being bullied at work, consider obtaining legal advice about your specific circumstances.
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