Determining eligibility
Who can make an application?
Employees in the public sector and employees employed by a local government authority can make a stop bullying application.
Employees in the private sector can only make an application if their employer is not a National System Employer as defined in the Fair Work Act 2009 (Cth). This generally means that you can make an application if your employer is unincorporated, or is not a trading corporation. For example, if your employer is a partnership, sole trader, or an association or organisation that does not substantially engage in trading or financial activities, you can make a stop bullying application.
It is important that, when you fill in your application form, you be clear and precise when naming your employer. You should try to provide your employer’s correct legal name. For private sector, you should also provide the business name, A.B.N. or A.C.N.
To help you identify your employer, check your:
- written employment contract or agreement;
- letter of appointment;
- group certificate;
- pay slip;
- job advertisement; or
- award or industrial agreement.
Who may not be eligible to make an application?
This application is available only for workplace bullying that occurred on or after 31 January 2025. For workplace bullying that occurred prior to 31 January 2025 only, you may still be able to make an application to the Commission for a stop bullying order using a Form 14 – Application for an Order to Stop Bullying or Sexual Harassment (or Both).