See Fair Work Act s.789FD
A worker is bullied at work if, while the worker is at work in a constitutionally-covered business, another individual, or group of individuals, repeatedly behaves unreasonably towards the worker, and that behaviour creates a risk to health and safety.
Bullying can cover behaviours carried out by one or more people.
The concept of repeatedly behaving unreasonably refers to the existence of persistent unreasonable behaviour, and may include a range of behaviours over time. There is no specific number of incidents required for the behaviour to be ‘repeated’, provided there is more than one occurrence, nor does the same specific behaviour have to be repeated.
Unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, may see as unreasonable. In other words it is an objective test. This would include (but is not limited to) behaviour that is victimising, humiliating, intimidating or threatening.
A risk to health and safety means the possibility of danger to health and safety, and is not confined to actual danger to health and safety. The ordinary meaning of ‘risk’ is exposure to the chance of injury or loss. The risk must be real and not simply conceptual.
The bullying behaviour must create the risk to health and safety. Therefore there must be a causal link between the behaviour and the risk. Cases on causation in other contexts suggest that the behaviour does not have to be the only cause of the risk, provided that it was a substantial cause of the risk viewed in a common sense and practical way.
Reasonable management action carried out in a reasonable manner is NOT bullying.
Note: in addition to decisions concerning what may constitute bullying at work under Part 6-4B of the Fair Work Act 2009 (the Fair Work Act), the following examples include cases about bullying in other legal contexts.
Many of the following cases are extreme examples of workplace bullying. Bullying can take many forms. It can involve less overt, less severe and more subtle behaviours. More subtle behaviours such as exclusion can, if frequently repeated over an extended period of time, amount to a significant psychological hazard for a worker.
Work health and safety regulators assess and investigate bullying complaints in accordance with their individual compliance and prosecution policies, which may take into account issues such as the immediate risk to health and safety, possible breaches of work health and safety legislation, evidence, likelihood of success and whether prosecution would be in the public interest. Furthermore, jurisdictions that utilise alternative dispute resolution practices may not keep or publish records of the outcomes in these matters.
For the Fair Work Commission to make an order to stop bullying, an applicant will need to show that on the balance of probabilities, a worker, whilst at work, has been bullied, that the behaviour creates a risk to health and safety, and that there is a risk that the worker will continue to be bullied at work.
 ibid., at para. 43.
 Thiess Pty Limited v Industrial Court of New South Wales  NSWCA 252 (30 September 2010) at paras 65–67, [78 NSWLR 94]; Abigroup Contractors Pty Limited v Workcover Authority of New South Wales (Inspector Maltby)  NSWIRComm 270 (24 September 2004) at para. 58, [(2004) 135 IR 317].
 Newcastle Wallsend Coal Co Pty Ltd v Workcover Authority (NSW) (Inspector McMartin)  NSWIRComm 339 (5 December 2006) at para. 301; Re Ms SB FWC 2104 (Hampton C, 12 May 2014) at para. 44.