Workplace bullying and harassment present serious legal and reputational risks for Australian employers. As legislation continues to evolve, across federal, state, and international levels, businesses must have robust, up-to-date policies to ensure legal compliance and support a safe, respectful work environment.
In this guide, our employment lawyers outline your businesses legal obligations and practical steps to develop an effective anti-bullying and harassment policy tailored for your employees.
Key Takeaways
The Fair Work Act 2009 (Cth) provides anti-bullying protections for constitutionally-covered businesses.
The Respect@Work Amendment Act 2021 introduced ‘stop sexual harassment orders’ and broader protections.
WHS legislation requires employers to manage psychosocial risks, including bullying and harassment.
Employers must have clear policies, provide training, and offer confidential complaint processes.
State and territory laws work alongside federal laws, creating a multi-layered compliance framework.
Key Legal Obligations for Employers
1. Fair Work Act – Anti-Bullying Orders
Part 6-4B of the Fair Work Act 2009 (Cth) allows workers to apply to the Fair Work Commission to stop bullying. Orders can include any action (except financial compensation) to prevent further harm.
Applicable to:
Constitutional corporations
Commonwealth bodies
Territory-based entities
2. Respect@Work Legislation – Sexual Harassment Protections
The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 introduced:
Stop sexual harassment orders
A new definition aligned with the Sex Discrimination Act 1984
A broader duty on employers to prevent harassment, not just respond to it
For more guidance on managing sexual and gender-based harassment risks, visit Safe Work Australia’s official resource.
3. International Standards
In June 2024, Australia officially agreed to follow new global rules for preventing violence and harassment at work by ratifying International Labour Organization Convention 190.
This means the government has committed to taking real action, through its laws, policies, and enforcement, to help make all workplaces safer and more respectful.
4. WHS Laws and Psychosocial Risk Duties
Under state and territory WHS Acts, employers must ensure worker health and safety, including psychological safety. This means proactively addressing:
Aggression or hostility
Poor interpersonal relationships
New WHS regulations now require formal psychosocial risk management, including:
Hazard identification (e.g. bullying behaviours)
Controls and training
Regular monitoring and policy updates
5. State Anti-Discrimination & Workplace Safety Laws
State and territory WHS Acts complement federal law by:
Prohibiting harassment based on protected characteristics (e.g. gender, race, disability)
Requiring fair and safe workplace practices
Applying to all employers, regardless of business structure or location
If your business is facing a discrimination complaint, learn more about defending discrimination claims under Australian law.
6. Training and Education Requirements
Employers are encouraged to provide professional training, such as those offered by the Anti-Discrimination Board of NSW, including:
- Preventing Harassment & Bullying in the Workplace
- Grievance Handling
- Developing Contact Officer Skills
- Clear policies and regular training are essential for compliance.
In some industries (like law, health, or education) additional requirements may apply (e.g. CPD training on respectful conduct).
Policy Drafting Checklist for Employers
1. Align your policy with relevant laws and standards:
Fair Work Act 2009 (Cth)
Work Health and Safety (WHS) regulations
State and territory anti-discrimination laws
Industry codes of conduct and ethical standards
2. Include essential components in your policy:
Clear definitions and examples of bullying and harassment
A step-by-step reporting and investigation process
Stated consequences for breaches of the policy
Confidentiality protections for those who report incidents
Ongoing training and support for staff and managers
Legal Risks of Non-Compliance
Employers who ignore legal obligations may face:
Fair Work claims: Stop-bullying or sexual harassment orders
WHS penalties: Up to $185,000 for body corporates in some states
Reputation damage: Public complaints or media exposure
Employee turnover: Loss of trust and morale
Common Challenges for Employers
While anti-bullying laws offer strong protections, employers should be aware of several common challenges that can affect how these laws are applied in practice. These include:
Limited Fair Work access: Some workers (e.g. sole traders or partnerships) may fall outside Fair Work Commission jurisdiction.
Definition disputes: Bullying usually must be repeated unreasonable behaviour (though definitions vary).
Power imbalances: Many cases involve a difference in authority, which must be acknowledged in policy design and investigations.
Frequently Asked Questions
What is workplace bullying under Australian law?
Workplace bullying is repeated unreasonable behaviour towards a worker that creates a risk to health and safety, including harassment, social exclusion, or negatively affecting someone’s work.
Who can apply for anti-bullying orders under the Fair Work Act?
Workers employed by constitutionally-covered businesses may apply to the Fair Work Commission if they reasonably believe they have been bullied at work.
Are employers legally required to prevent workplace bullying?
Yes. Employers have duties under both the Fair Work Act and WHS laws to implement policies, training, and risk management measures to prevent workplace bullying.
How does sexual harassment fit into anti-bullying laws?
Sexual harassment is specifically addressed under recent amendments, allowing workers to seek ‘stop sexual harassment orders’ in addition to existing protections.
What should an effective anti-bullying policy include?
A compliant policy should cover definitions, reporting procedures, investigation processes, consequences for breaches, training requirements, and support resources.
