How to lodge a workplace bullying complaint with the Fair Work Commission
Workers who are bullied at work can apply to the Fair Work Commission (FWC) for an order to stop bullying under Part 6-4B of the Fair Work Act 2009 (Cth). The FWC can make orders to prevent future bullying but cannot award compensation — for that you may need a separate workers' compensation or civil claim.
The framework
Part 6-4B of the Fair Work Act 2009 (Cth), specifically sections 789FA-789FI. "Bullied at work" means repeated unreasonable behaviour that creates a risk to health and safety (s 789FD).
The process
Understand what constitutes workplace bullying
Workplace bullying is repeated unreasonable behaviour by an individual or group towards a worker that creates a risk to health and safety. A single incident is not bullying. Reasonable management action carried out reasonably is excluded.
Document each incident
Keep a detailed written log of each incident — dates, times, locations, what happened, who was present, and any witnesses. Save emails, messages, and other evidence.
Use internal complaint processes
Raise the issue through your employer's internal grievance or complaint process. Many employers have bullying and harassment policies. Keep records of any complaints you make.
Seek medical or psychological support
If the bullying is affecting your health, see your GP or a psychologist. Medical evidence may support your application and a workers' compensation claim.
Prepare your FWC application (Form F72)
Complete the Application for an Order to Stop Bullying (Form F72). Describe the bullying behaviour, when it occurred, how you have tried to resolve it, and the orders you seek.
Lodge Form F72 with the Fair Work Commission
File the completed Form F72 online through the FWC website or by email/post. There is no filing fee for anti-bullying applications.
FWC contacts the parties
The FWC will notify the respondent(s) and your employer of the application and schedule an initial conference or hearing, usually within 14 days.
Attend the FWC conference or mediation
The FWC will usually hold a conference to explore whether the matter can be resolved by agreement. Be prepared to explain the bullying and what outcome you want.
Attend the formal hearing if needed
If the matter is not resolved at conference, the FWC may conduct a formal hearing. Both parties can give evidence and call witnesses. Legal representation requires permission.
FWC issues orders to stop bullying
If the FWC is satisfied that bullying has occurred and there is a risk it will continue, it can make any order it considers appropriate to prevent future bullying (except ordering payment of compensation).
Common mistakes
- Confusing a single incident with bullying — the behaviour must be repeated
- Not documenting incidents as they occur — detailed contemporaneous records are critical
- Expecting the FWC to award compensation — it can only make orders to stop future bullying
- Not using internal complaint processes first — the FWC may ask what steps you have taken
- Applying after leaving the job — you must still be "at work" for the FWC to have jurisdiction
Get this process right with Quillio
Quillio helps you prepare your Form F72 application, organise your incident log, and draft witness statements for FWC bullying matters. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about FWC anti-bullying applications — not legal advice. Workplace bullying is serious and you should consider obtaining legal advice specific to your situation.
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