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Fair Work & SafetyAustralia

Stop Bullying & Sexual Harassment Application (Form F72, Australia)

If you are being bullied or sexually harassed at work and it is still happening, you can apply to the Fair Work Commission for an order to make it stop. Our Australian template builds the grounds and submissions to attach to your Form F72 under the Fair Work Act 2009 (Cth): a dated incident chronology, the legal test under section 789FD (bullying) and Part 3-5A (sexual harassment), and — the element applications most often fail on — proof that there is a real risk the conduct will continue.

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Stop Bullying and Sexual Harassment Application — Grounds and Submissions
In Support Of An Application To The Fair Work Commission (Form F72) · 9 June 2026
Hannah J. Whitfield
21 Carrington Road, Marrickville NSW 2204
0411 904 552
hannah.whitfield@email.com.au
9 June 2026
The General Manager, Fair Work Commission
Fair Work Commission
GPO Box 1994
Melbourne VIC 3001
STOP BULLYING / SEXUAL HARASSMENT — GROUNDS AND SUBMISSIONS (FORM F72)
Applicant: Hannah J. Whitfield · Workplace: Meridian Care Services — Marrickville branch
To the Fair Work Commission,

I, Hannah J. Whitfield, am a worker at Meridian Care Services — Marrickville branch and I apply to the Commission for an order to stop bullying at work. I apply under section 789FC of the Fair Work Act 2009 (Cth) for an order to stop bullying at work. A worker is bullied at work where an individual or group repeatedly behaves unreasonably towards the worker and that behaviour creates a risk to health and safety (section 789FD). I set out the conduct, the legal test, the continuing risk and the orders I seek below.
1.
APPLICANT AND WORKPLACE DETAILS
Applicant (worker): Hannah J. Whitfield
Role: Registered Nurse
Employer / person conducting the business or undertaking (PCBU): Meridian Care Services Pty Ltd (ABN 47 601 339 882)
Workplace: Meridian Care Services — Marrickville branch
Telephone: 0411 904 552
Email: hannah.whitfield@email.com.au
2.
THE CONDUCT COMPLAINED OF
Person(s) engaging in the conduct: My team leader, Ms Donna Patel, and to a lesser extent the branch coordinator who has not acted on my reports.

What has been happening: Over the past five months my team leader has repeatedly singled me out — publicly criticising my clinical work in front of patients and colleagues, removing me from shifts without explanation, withholding information I need to do my job, and making comments that I am "not coping". It is not normal performance management; no concerns were ever raised through any proper process. My sleep and mental health have deteriorated and my GP has signed me off twice.
3.
ORDERS SOUGHT
I ask the Commission to make an order to stop bullying at work. In particular: An order that Ms Patel stop the conduct; that my rostering and clinical supervision be handled by a different senior nurse; and that the employer apply its bullying policy and monitor compliance.

I understand the Commission's order is preventative — it is directed at stopping the conduct and protecting health and safety, and it does not award compensation.
4.
INCIDENT CHRONOLOGY
The following incidents set out the conduct in date order, with witnesses and the effect on me. They show the pattern the Commission needs to assess:
1. 14 January 2026 — Criticised my medication round loudly in front of two patients and a colleague (witness: EN Sarah Liu). Effect: Humiliation; left shift shaking
2. 3 March 2026 — Removed from three rostered shifts with no reason given, after I asked about overtime (witness: roster records). Effect: Loss of income and standing in the team
3. 28 April 2026 — Told me in a meeting I was "not coping" and should "think about whether nursing is for you" (witness: none present). Effect: Significant distress; GP visit next day
4. 19 May 2026 — Withheld a handover that I needed for a complex patient, then blamed me for the gap (witness: RN Mark Davies). Effect: Risk to patient care and to my registration

The pattern: The incidents are not isolated. They follow a consistent pattern of public criticism, exclusion from information and rostering decisions, and comments undermining my competence, escalating after I queried my overtime in March. This is repeated unreasonable behaviour, not legitimate performance management — no performance process, plan or written concern has ever been put to me.

I reported this conduct internally to the employer, and the conduct nonetheless continued — which is relevant both to the risk of continuation and to the reasonableness of the response.
5.
THE LEGAL TEST
I am a worker within the work health and safety meaning adopted by the Fair Work Act — here, an employee — and the business is a constitutionally-covered business, so the Commission has jurisdiction.

For the bullying claim, the test in section 789FD of the Fair Work Act 2009 (Cth) is met because the conduct was repeated — it occurred on more than one occasion and forms a pattern, as the chronology shows; it has created a risk to my health and safety, including to my psychological health; it is not reasonable management action carried out in a reasonable manner — it goes beyond any legitimate management of my work. As Commissioner Hampton explained in Re Ms SB [2014] FWC 2104, "repeatedly behaves unreasonably" requires more than a single occurrence, the behaviour must create a risk to health and safety, and the assessment is objective; reasonable management action carried out in a reasonable manner is excluded.
6.
RISK OF CONTINUATION
An order can only be made if there is a risk that the conduct will continue — for bullying, section 789FF requires the Commission to be satisfied both that I have been bullied and that there is a risk I will continue to be bullied at work; the same forward-looking risk underlies a stop sexual harassment order. This is why the application is made now, while I remain exposed to the risk.

I remain at the workplace and in contact with the person(s) named, so the risk is current and ongoing.

Why the risk continues: I remain employed at the Marrickville branch and Ms Patel is still my direct team leader, rostering and supervising me. Without an order the conduct will continue, as it has every time I have returned from sick leave.

Interim measures: I have asked to be rostered under a different senior nurse pending the outcome; the employer has not yet agreed.
7.
ORDERS SOUGHT AND SUPPORT
I ask the Commission to make the following orders to prevent the conduct continuing:
I seek orders that: (1) Ms Patel cease the conduct described; (2) my rostering and clinical supervision be reassigned to another senior nurse; (3) the employer implement and monitor its bullying and harassment policy at the branch; and (4) there be no detrimental treatment because I have made this application.

Support and adjustments I will need: I will be supported at any conference by my union representative, and I ask that the matter be handled sensitively given the impact on my mental health.
8.
NEXT STEPS
I ask the Fair Work Commission to deal with this application promptly, given the conduct is continuing, and I am willing to take part in a conference or any process the Commission directs. I confirm that the Fair Work Commission is the correct body for an order to stop bullying or sexual harassment at work — it is not a matter for the Fair Work Ombudsman. There is no fixed time limit for this application, but I make it now because the risk to my health and safety is ongoing.
YOURS FAITHFULLY,
Hannah J. Whitfield
Applicant
Date: ____________________
APPLICANT
Hannah J. Whitfield
Date: ____________________

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What Is a Stop Bullying or Sexual Harassment Order?

A stop bullying or sexual harassment order is a <strong>preventative</strong> order made by the <strong>Fair Work Commission</strong> on <strong>Form F72</strong>. It is directed at stopping the conduct and protecting your health and safety — it does not award compensation. A worker is bullied at work where an individual or group <strong>repeatedly behaves unreasonably</strong> towards them and that behaviour <strong>creates a risk to health and safety</strong> (section 789FD of the <strong>Fair Work Act 2009 (Cth)</strong>).

Since <strong>6 March 2023</strong>, the same Form F72 also covers <strong>sexual harassment in connection with work</strong> under Part 3-5A — and there, unlike bullying, a <strong>single incident</strong> can be enough. The jurisdiction is broad: "worker" takes its work health and safety meaning, so it covers not just employees but contractors, labour-hire workers, apprentices, work experience students and volunteers, provided the business is a constitutionally-covered business.

There is <strong>no 21-day deadline</strong> — but the order depends on an <strong>ongoing risk</strong>. Under section 789FF the Commission can make an order only if it is satisfied you have been bullied and there is a risk you will continue to be bullied at work. That is why applications fail when the person has left or the employment has ended: there is no risk left to prevent. The template is built around showing that the risk is current.

What's Covered in This Template

The grounds follow what the Fair Work Commission must be satisfied of — the conduct, the legal test, the risk of continuation and the orders — and adapt to bullying, sexual harassment, or both.

Bullying, Harassment, or Both

Choose the type and the grounds write the matching test — s 789FD for bullying (repeated unreasonable behaviour), Part 3-5A for sexual harassment (a single incident can suffice), or both.

Dated Incident Chronology

A numbered, dated list of each incident with witnesses and the effect on you — the evidence that proves the "repeated" element and the pattern.

The s 789FD Legal Test

Maps your facts onto each element — repeated, unreasonable, a risk to health and safety, and outside reasonable management action — citing Re Ms SB [2014] FWC 2104.

Worker Coverage

Confirms you are a "worker" in the work health and safety sense — employee, contractor, labour-hire, volunteer or apprentice — in a constitutionally-covered business.

Risk of Continuation

Sets out why the risk is current and ongoing under s 789FF — the element applications most often fail on — so the order is not refused for want of a continuing risk.

Specific Orders Sought

Frames concrete, workable orders — stop the conduct, change reporting lines or rosters, apply and monitor the policy, no detrimental treatment for applying.

WHS & Support Needs

Notes any work health and safety notification and the support you need — a support person, an interpreter, or adjustments for a conference.

Formal Australian Format

Letterhead, the Fair Work Commission as recipient, a subject line and a single applicant signature block — ready to attach to your Form F72.

How to Create Your Stop Bullying / Harassment Grounds

Five steps from the conduct to a lodged Form F72 with grounds the Commission can act on.

  1. 1

    Choose What to Stop

    Select bullying, sexual harassment, or both. The template writes the matching legal test — repeated conduct for bullying, or a single incident for sexual harassment.

  2. 2

    Name the People and the Workplace

    Identify the person or people engaging in the conduct, the employer (the PCBU) and the workplace, and describe briefly what has been happening.

  3. 3

    Build the Chronology (Expert)

    List each incident in date order with witnesses and the effect on you — this proves the pattern and the risk to your health and safety.

  4. 4

    Show the Ongoing Risk (Expert)

    Explain why the risk is current — you are still at the workplace, still in contact — because the order depends on a continuing risk under s 789FF.

  5. 5

    Lodge the Form F72 and Attach the Grounds

    Lodge Form F72 through the Fair Work Commission online lodgment service or by post, attach these grounds, and keep proof. The fee for 2025-26 is $89.70, waivable for hardship. There is no deadline, but apply while the risk continues.

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Legal Considerations

The anti-bullying and stop sexual harassment jurisdictions are preventative — they turn on an ongoing risk, not on punishing past conduct.

This template provides general information for workers in the Australian national workplace relations system and is not legal advice. A stop bullying or sexual harassment order is made by the Fair Work Commission — not the Fair Work Ombudsman — and is preventative, not compensatory. If you also want compensation for sexual harassment, or the conduct involves assault or a criminal offence, get advice from a lawyer, your union, or the police, and consider a work health and safety regulator. Reasonable management action carried out in a reasonable manner is not bullying.

Reviewed for Australian employment law

What Counts as Bullying (s 789FD)

A worker is bullied at work where an individual or group <strong>repeatedly behaves unreasonably</strong> towards the worker (or a group the worker belongs to) and that behaviour <strong>creates a risk to health and safety</strong> (section 789FD of the <strong>Fair Work Act 2009 (Cth)</strong>). In <strong>Re Ms SB [2014] FWC 2104</strong>, the Commission held "repeatedly" needs more than one occurrence, the behaviour must create a risk to health and safety, and the test is objective. Reasonable management action carried out in a reasonable manner is excluded.

Sexual Harassment at Work (Part 3-5A)

Since <strong>6 March 2023</strong>, Part 3-5A of the Act prohibits sexually harassing a person who is a worker in connection with work (section 527D), and an aggrieved person can apply to the <strong>Fair Work Commission</strong> for an order to stop it (section 527F). Unlike bullying, a <strong>single incident</strong> can found the application — repetition is not required. Form F72 covers an order to stop bullying, to stop sexual harassment, or both.

Who Is a "Worker"

The jurisdiction uses the work health and safety meaning of "worker", which is broad: employees, contractors and subcontractors, labour-hire workers, apprentices, work experience students and volunteers. You do not have to be an employee. The business must be a constitutionally-covered business, which most incorporated employers are. Bullying and sexual harassment are also work health and safety risks, so a work health and safety regulator may be involved in parallel.

The Order Depends on an Ongoing Risk (s 789FF)

The order is <strong>preventative</strong>. Under section 789FF the Commission can make it only if satisfied the worker has been bullied at work <strong>and there is a risk the worker will continue to be bullied</strong> — the same forward-looking logic applies to a stop sexual harassment order. There is no time limit to apply, but if the employment has ended or the person has left, the Commission generally finds no ongoing risk and declines the order. Apply while you are still exposed.

Related Australian Templates

A stop order does not award money. If you were dismissed and want a remedy, use our unfair dismissal application (Form F2) or, where the dismissal was for a prohibited reason, our general protections application (Form F8) — which can include sexual harassment as adverse action. For unpaid wages, see our wage underpayment demand letter. Our casual conversion notice and termination letter cover other Fair Work situations.

Frequently Asked Questions

Make It Stop — On the Right Grounds

Create your stop bullying and sexual harassment grounds in minutes: a dated incident chronology, the s 789FD and Part 3-5A tests, and proof of the ongoing risk the order depends on — in formal Australian format. Download the PDF free, or unlock Expert for the full chronology, legal test, risk and orders sections.

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