What is bullying?

Bullying is when people repeatedly and intentionally use words or actions against someone or a group of people to cause distress and risk to their wellbeing. These actions are usually done by people who have more influence or power over someone else, or who want to make someone else feel less powerful or helpless.

Bullying is not the same as conflict between people (like having a fight) or disliking someone, even though people might bully each other because of conflict or dislike.

The sort of repeated behaviour that can be considered bullying includes:

  • Keeping someone out of a group (online or offline)
  • Acting in an unpleasant way near or towards someone
  • Giving nasty looks, making rude gestures, calling names, being rude and impolite, and constantly negative teasing.
  • Spreading rumours or lies, or misrepresenting someone (i.e. using their Facebook account to post messages as if it were them)
  • Mucking about that goes too far
  • Harassing someone based on their race, sex, religion, gender or a disability
  • Intentionally and repeatedly hurting someone physically
  • Intentionally stalking someone
  • Taking advantage of any power over someone else like.

Types of Bullying

Face-to-face bullying (sometimes referred to as direct bullying) involves physical actions such as punching or kicking or direct verbal actions such as name-calling and insulting.

Covert bullying (sometimes referred to as indirect bullying) is less direct, but just as painful. It means bullying which isn’t easily seen by others and is conducted out of sight, such as excluding people from groups or spreading lies or rumours. Because it is less obvious, it is often unacknowledged by adults.

Cyberbullying occurs through the use of information or communication technologies such as Instant Messaging or chat, text messages, email and social networking sites or forums. It has many similarities with offline bullying, but it can also be anonymous, it can reach a wide audience, and sent or uploaded material can be difficult to remove. Most people who cyberbully also bully off-line.

Applying for a Stop Bullying Order from the Fair Work Commission

The Fair Work Act provides that a worker can apply to the Fair Work Commission for a stop bullying order.

Who can apply for a stop bullying order?

A recent case highlighted that a volunteer at an organisation, that is not paid for the work they perform, is considered a worker under the legislation and can apply for a stop bullying order.

Laughlin v Murray Grey Beef Cattle Society Ltd and Ors (AB2024/844 Sloan C [2025] FWC 668 Sydney 6 March 2025)

A director of the Murray Grey Beef Cattle Society Limited (“Society”) claimed she was bullied at work by the President of the Society.  On 7 November 2024, she made an application under s 789FC(1) of the Fair Work Act 2009 for an order to stop bullying.

The Society denied the applicant was bullied at work.  In addition, the Society claimed that the Applicant was not a worker as defined by the legislation as she was not paid and that its constitution indicated that directors could not be paid for the work they performed.  The Society claimed that the applicant did not have jurisdiction to make an application.

Commissioner Sloan decided that the definition of “worker” in the anti-bullying provisions of the Fair Work Act is the same as the definition of “worker” in the Work Health and Safety Act 2011 (WHS Act).  A worker is defined as a person who performs work ‘in any capacity for’ the person conducting a business or undertaking (PCBU).  This definition goes beyond employees and includes volunteers. Both parties agreed that the applicant performed work for the Society.

The Applicant was allowed to continue her application in the FWC.

Lesson for Employers

Anti-bullying legislation is broad and gives rights in the workplace to unpaid volunteers as well as employees.  Employers may need to review their policies and procedures to ensure that all people in the workplace are aware that bullying is not tolerated and that volunteers are also protected from unreasonable behaviour in the workplace.