Document ID: chunk:federal_register_of_legislation:C2025C00150:section:789fd
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 789FD
Character Range: 2023349–2024312

789FD  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.