Conservative interpretations of the ‘bullied at work’ test?

Abstract

The introduction of the anti-bullying provisions of the Fair Work Act 2009 (Cth) comes at, and heralds, a time of change in the legal regulation of workplace bullying in Australia. This article explores decisions of the Fair Work Commission which indicate that conservative interpretations of elements of the ‘bullied at work’ test under s 789FD may be partly responsible for the low number of stop-bullying orders that have been made to date. This article concludes by acknowledging this issue as a matter for the Full Bench of the Fair Work Commission and by determining that a more assertive approach to the ‘bullied at work’ test by the Fair Work Commission may lead to an increase in stop-bullying orders in the future.