Workplace bullying: the legal definition, duties and responses

What is the legal definition of workplace bullying?

The national definition is in section 789FD of the Fair Work Act. A worker is bullied at work if, while they are at work in a constitutionally covered business:

• An individual or a group of individuals
• Repeatedly behaves unreasonably towards the worker, or a group of workers the worker belongs to, and
• That behaviour creates a risk to health and safety.

All three parts must be present. The behaviour has to happen more than once, it has to be unreasonable, and it has to create a risk to the worker’s health and safety, including their psychological health. The person doing it can be a manager, a co-worker, a subordinate, or someone from another business on the same site.

WorkSafe Victoria uses a similar definition for safety purposes: repeated, unreasonable behaviour directed at a person or group that creates a risk to health and safety. In practice, the same test is useful on both the Fair Work and the WHS sides.

What does bullying look like on a building site?

The Fair Work Commission gives examples of behaviour that can be bullying:

• Being aggressive or intimidating.
• Using abusive or offensive language.
• Mocking or humiliating someone.
• Holding initiation ceremonies.

Depending on the situation, bullying can also include teasing or playing jokes, leaving workers out of work-related events, giving someone too much or too little work, giving work above or below their skill level, and withholding information they need to do their job.

On construction sites, these often show up as hazing of apprentices and new starters, so-called pranks that put someone at risk, constant swearing at a particular worker, freezing someone out of the crew, or deliberately setting a worker up to fail with unrealistic tasks. Culture can make it harder to see: behaviour that a crew treats as normal can still meet the legal definition.

What is not workplace bullying?

Not every unpleasant experience at work is bullying in the legal sense. The Fair Work Commission makes two important points.

First, a single incident is not bullying under the definition, because the behaviour must be repeated. A one-off incident can still be serious, harmful or unlawful in another way, such as harassment, discrimination or assault, so it should still be dealt with.

Second, reasonable management action carried out in a reasonable manner is not bullying. The Commission lists examples of reasonable management action, including:

• Starting performance management, such as a performance improvement plan.
• Taking disciplinary action for misconduct.
• Telling a worker their performance is not satisfactory, or their behaviour is not appropriate.
• Asking a worker to perform reasonable duties as part of their job.
• Maintaining reasonable workplace standards.

Both the action and the way it is carried out must be reasonable. A supervisor can tell a worker their work is not up to standard; doing it repeatedly by screaming at them in front of the crew could still be bullying.

What are an employer's WHS duties on bullying?

The WHS laws require a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, the health and safety of workers, and health includes psychological health. Bullying is a psychosocial hazard, so in the jurisdictions using the model WHS laws, the psychosocial regulations require it to be managed like any other risk: identify it, eliminate or minimise it so far as is reasonably practicable, and review the controls.

In Victoria, the Occupational Health and Safety (Psychological Health) Regulations 2025 commenced on 1 December 2025. WorkSafe Victoria lists bullying among the key psychosocial hazards that employers must identify and control.

This duty is about prevention. A business that waits for a formal complaint before acting, or that treats bullying purely as a personality clash, is unlikely to be meeting it. On shared sites, PCBUs must consult, cooperate and coordinate with each other, because the person doing the bullying may work for a different company. Our pillar guide to psychosocial hazards and the WHS regulations sets out the full risk management process.

How do Fair Work Commission stop-bullying orders work?

A worker who reasonably believes they have been bullied at work can apply to the Fair Work Commission for an order to stop it. “Worker” has the same broad meaning as under the WHS Act, so it includes employees, contractors, subcontractors, labour hire workers, apprentices, trainees and volunteers.

According to the Commission, to be eligible the worker must:

• Be a worker in a constitutionally covered business, such as a proprietary limited company.
• Still be working in, or connected to, the workplace where the bullying happened.
• Be experiencing, or at risk of experiencing further, behaviour that creates a risk to their health and safety.

The national laws may not cover workers of a sole trader or partnership, or some state and local government bodies. State or territory laws may still help.

The Commission must start to deal with an application within 14 days. The Commission says most matters are resolved without a hearing, through conciliation or a conference. If the matter goes to a hearing and the Commission is satisfied the worker has been bullied and there is a risk it will continue, it can make any order it considers appropriate to prevent further bullying. That might include orders for the people involved to stop the behaviour, or for the employer to review its bullying policy or give workers information, support and training.

The Commission cannot order compensation, disciplinary action or dismissal. Breaching a stop-bullying order is a civil remedy provision under the Fair Work Act. Making an application does not stop a worker from also pursuing the matter under WHS laws.

How can a business prevent bullying on site?

Prevention works best when it targets the conditions that let bullying grow:

• Set clear standards. Cover acceptable behaviour in inductions, site rules and subcontract terms, so it binds everyone on site.
• Train supervisors. Leading hands are often promoted for trade skill. Give them training in managing people, giving feedback and stepping in early.
• Ban hazing. Make it clear that initiation rituals and pranks on apprentices are not tolerated.
• Reduce pressure points. Unrealistic programs, unclear roles and chronic understaffing raise conflict and make bullying more likely.
• Give people a voice. Offer more than one way to raise concerns, including someone outside the direct line.
• Watch the signs. Changes in a worker’s behaviour, increased absences or a high turnover in one crew can point to a problem.
• Talk about it. Use toolbox talks to discuss respectful behaviour and how to report. Our guide to running a toolbox talk has practical tips.

How should you respond to a bullying report?

A prompt, fair response protects the worker and reduces legal risk.

1. Take it seriously. Thank the person, listen, record what they say and ask what they need to feel safe.
2. Manage immediate risk. Consider changing rosters or supervision so the people involved are not working together, without punishing the person who reported.
3. Agree the approach. Explain the options, from an informal conversation to a formal investigation, and choose one that fits the seriousness.
4. Investigate fairly. Give the person accused a chance to respond, keep the process confidential and use an independent investigator for serious matters.
5. Act on the findings. Apply proportionate outcomes, from coaching to disciplinary action, and tell both parties the outcome as far as privacy allows.
6. Prevent victimisation. Make sure no one is treated badly for reporting or giving evidence.
7. Fix the cause. Review whether workloads, supervision or site culture contributed, and update your controls.

Offer support throughout, such as an employee assistance program or industry support lines. For complex or serious cases, get advice from your industry association, an employment lawyer or your WHS regulator.

Bullying prevention and response checklist

• Write a policy. Define bullying, give examples and explain how to report.
• Induct everyone. Cover behaviour standards for employees, subcontractors and labour hire workers.
• Train supervisors. Include feedback skills and how to handle a report.
• Offer several reporting paths. Include a confidential option outside the line manager.
• Act quickly. Start dealing with every report promptly and manage immediate risk.
• Keep records. Document reports, decisions and outcomes securely.
• Review controls. Look at workloads, rosters and supervision after each report.
• Promote support. Display helpline details, including Lifeline 13 11 14 and MATES 1300 642 111.

Frequently asked questions