Section 789FD — Fair Work Act 2009: When is a worker bullied at work?

(1) A worker is bullied at work if: (a) while the worker is at work in a constitutionally-covered business: (i) an individual; or (ii) a group of individuals; repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and (b) that behaviour creates a risk to health and safety. (2) To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner. (3) If a person conducts a business or undertaking (within the meaning of the Work Health and Safety Act 2011) and either: (a) the person is: (i) a constitutional corporation; or (ii) the Commonwealth; or (iii) a Commonwealth authority; or (iv) a body corporate incorporated in a Territory; or (b) the business or undertaking is conducted principally in a Territory or Commonwealth place; then the business or undertaking is a constitutionally-covered business.