Section 789FF — Fair Work Act 2009 (Cth)

(1) If:

(a) a worker has made an application under section 789FC; and

(b) the FWC is satisfied that:

(i) the worker has been bullied at work by an individual or a group of individuals; and

(ii) there is a risk that the worker will continue to be bullied at work by the individual or group;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work by the individual or group.

(2) In considering the terms of an order, the FWC must take into account:

(a) if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body—those outcomes; and

(b) if the FWC is aware of any procedure available to the worker to resolve grievances or disputes—that procedure; and

(c) if the FWC is aware of any final or interim outcomes arising out of any procedure available to the worker to resolve grievances or disputes—those outcomes; and

(d) any matters that the FWC considers relevant.

Related sections

• s 789FC — Application for an FWC order to stop bullying
• s 789FD — When is a worker bullied at work?
• s 789FE — FWC to deal with applications promptly
• s 789FG — Contravening an order to stop bullying
• s 789FH — Actions under work health and safety laws permitted
• s 789FI — This Part is not to prejudice Australia’s defence, national security etc.

Research how courts apply s 789FF

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