How to Apply for an Order to Stop Workplace Bullying in Australia

When can you apply to stop workplace bullying?

The Fair Work Commission can deal with an application when an eligible worker reasonably believes they have been bullied at work and there is a risk the bullying will continue.

Under the Fair Work Act, workplace bullying involves repeated unreasonable behaviour towards a worker or group of workers at work that creates a risk to health and safety. A single incident does not satisfy the repeated-behaviour requirement, although other workplace or safety remedies may still be relevant.

The Fair Work Commission gives examples that can amount to bullying depending on the circumstances, including aggressive or intimidating behaviour, abusive or offensive language, mocking or humiliating someone, unreasonable work expectations and excluding workers from work-related events.

Who is eligible to apply?

You must be a worker in a constitutionally covered business. The definition of worker includes employees, contractors and subcontractors, employees of contractors or subcontractors, labour hire workers, outworkers, apprentices, trainees, work experience students and volunteers.

A constitutionally covered business can include a constitutional corporation, such as many Pty Ltd companies, the Commonwealth, a Commonwealth authority, a body corporate incorporated in a territory, or a business or organisation conducted principally in a territory or Commonwealth place. Sole traders and partnerships are generally not constitutional corporations, although coverage depends on the legal circumstances of the workplace.

The Commission provides an eligibility check because not every Australian workplace falls within the federal anti-bullying jurisdiction.

Does the bullying need to be ongoing?

Yes. The Commission can make an order only where there is a risk that the worker will continue to be bullied at work.

This is important if you have already left the workplace. The Commission explains that it cannot make a stop-bullying order where a worker is no longer engaged in connection with the workplace and is therefore no longer exposed to the alleged bullying by the person or group at work.

If your employment has ended, another Fair Work Commission procedure may be relevant depending on what happened. For example, there are separate processes for unfair dismissal and general protections after dismissal. Those are different legal claims with their own eligibility rules and deadlines.

Is performance management considered bullying?

Not necessarily. The Fair Work Act excludes reasonable management action carried out in a reasonable manner from the definition of workplace bullying.

The Commission says reasonable management action can include performance management, disciplinary action for misconduct, telling a worker that their performance is unsatisfactory, addressing inappropriate behaviour, asking a worker to perform reasonable duties and maintaining reasonable workplace standards.

However, both the management action and the way it is carried out must be reasonable. Repeated management actions that are not reasonable or are not carried out reasonably can potentially fall within the workplace bullying definition if the other legal requirements are met.

Do you have to complain to your employer first?

No. The Fair Work Commission says you do not have to speak to the person or make a workplace complaint before applying. If it is safe, however, the Commission encourages workers to consider workplace processes that may resolve the problem.

Depending on your workplace, this could mean speaking with your supervisor, manager, human resources department, health and safety representative or union representative, or making a formal complaint under a bullying or grievance policy.

Form F72 asks what you have already done about the behaviour and whether you have reported it to another organisation. It also asks whether the workplace has a bullying policy or complaint procedure and about relevant performance management or disciplinary action.

What information should you prepare for Form F72?

Before applying, prepare enough factual information to identify the alleged behaviour and explain why you believe it amounts to bullying. The Commission requires Form F72 applicants to provide at least two examples of when the alleged bullying happened.

You should be ready to provide:

• your contact details;
• your representative's details, if you have one;
• the legal details of your employer or principal and a contact person;
• details of each person you say is engaging in bullying;
• the behaviour you believe amounts to bullying;
• at least two examples of when it occurred;
• how the behaviour creates a risk to your health and safety;
• what you have already done about the behaviour;
• whether you have complained to another organisation;
• information about relevant performance management or disciplinary action; and
• what you think needs to happen to stop the problem.

Be factual and specific. Dates, events, communications and other relevant records can help explain what happened, but only submit documents that are relevant to your claim.

Will the people you name see your application?

Yes. This is an important consideration before lodging. The Commission states that it will give a copy of your application and documents to the employer or principal and the people you name as engaging in bullying so they have an opportunity to respond. They will therefore see your details and personal information contained in the material you submit.

How do you lodge the workplace bullying application?

The application is Form F72 – Application for an order to stop bullying at work. The Fair Work Commission's current preferred route is online lodgment.

You can lodge Form F72 online through the Commission's service by following the prompts to log in or create an account. If you cannot apply online, the Commission says you can email the completed form to WDT@fwc.gov.au, or post or deliver it to the Commission office near you.

Form F72 is an application under section 789FC(1) of the Fair Work Act 2009.

How much does a Form F72 application cost?

The Fair Work Commission application fee for an order to stop bullying is $92.70 for 2026-27. The fee changed on 1 July 2026 and is adjusted on 1 July each year.

If you lodge online, you can pay the fee or request that it be waived during the application process. For an application lodged by email or post, the Commission will contact you about payment.

The Commission states that it cannot process the application until the fee is paid, unless the fee is waived.

Can you have the application fee waived?

Possibly. If paying the fee would cause serious financial hardship, you can ask the Fair Work Commission to waive it.

You can request the waiver as part of an online application or use Form F80 – Application for waiver of application fee. Form F80 asks for information about your personal and financial circumstances so the Commission can assess the request.

What happens after you apply?

After receiving Form F72, the Commission serves a copy on each person named as an alleged bully, each employer or principal named in the application and any lawyer or paid agent involved. The employer or principal is asked to respond, generally using Form F73, within 7 days of receiving the application.

The Commission aims to discuss the case with everyone involved within 2 weeks of receiving the application.

Depending on the circumstances, the case may proceed through voluntary conciliation, a conference with a Commission Member or a formal hearing. The Commission states that it aims to resolve most workplace bullying cases within 16 weeks. These are service aims rather than guaranteed decision deadlines, and individual cases can follow a different process.

What can the Commission order?

If a formal hearing establishes that the worker has been bullied at work and there is a risk the bullying will continue, a Commission Member can make an order considered appropriate to prevent further bullying.

Examples identified by the Commission include orders requiring the people involved to stop the bullying, requiring compliance with or review of an employer's bullying policy, or requiring an employer to provide information, support or training.

The Commission cannot award financial compensation, order disciplinary action, punish a party or terminate someone's employment through this anti-bullying jurisdiction.

What if the problem involves another workplace right?

Workplace bullying can overlap with other employment issues, but each Fair Work Commission procedure has a different legal purpose. If the dispute concerns a workplace right rather than only stopping repeated bullying, the separate rules for that type of claim may apply. For example, Helpydo has a separate guide for right to disconnect disputes.

Do not use Form F72 simply because workplace conduct is upsetting or unfair. The application must satisfy the specific legal test for repeated unreasonable behaviour, health and safety risk, federal coverage and ongoing risk.

Common mistakes to avoid

• Do not rely on a single incident as the entire bullying claim; the statutory definition requires repeated unreasonable behaviour.
• Do not assume every workplace is covered by the Fair Work Commission's national anti-bullying jurisdiction.
• Check that there is an ongoing risk of bullying. A stop-bullying order is preventative rather than compensation for past conduct alone.
• Distinguish alleged bullying from reasonable management action carried out reasonably.
• Give at least two specific examples of the behaviour and explain the health and safety risk.
• Where it is safe and practical, consider your workplace's complaint or grievance process, but remember that using it is not a mandatory prerequisite to Form F72.
• Remember that the Commission will provide the application and submitted documents to the employer or principal and people named in the case.
• Pay the current application fee or submit a serious-financial-hardship waiver request so the application can be processed.