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ARTICLE · 18 SEPTEMBER 2026

A Short Sto­ry About Bullying

A Fair Work Commission decision demonstrates the limits of anti-bullying protections in Australian workplaces, rejecting an employee's claim that routine management actions constituted bullying. The case clarifies what does not meet the legal threshold for bullying under the Fair Work Act, emphasizing that reasonable management action carried out reasonably is specifically excluded from the definition.

AustraliaEmployment and HR

In the recent Fair Work Commission decision of Application by Gary Whitham [2026] FWC 3322, Deputy President Colman gave short shrift to an application brought for an order to stop bullying,

In fact, it was very short shrift; the entire judgment of two paragraphs is set out below:

[1] Gary Whitham made an application under s 789FC of the Fair Work Act 2009 (Act) for anti-bullying orders against Integrated Care Pty Ltd and three coworkers (respondents). Mr Whitham said that in June and July 2026 the respondents engaged in unreasonable behaviour towards him. Among other things, Mr Whitham said that he was required to undergo confusing training; he was told to adhere to the dress code; he was questioned about an illness; he was contacted while sick; he was subjected to ​‘negative remarks’ about his work; he was told that his home internet was inadequate; and he was asked to consent to the company contacting his doctor. Mr Whitham said that he did not believe he could return to the

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