Posted on August 21, 2025 by Dimitrious Havadjia and Lindsay Taylor 2

Stop Bullying and Harassment Orders Coming Soon in NSW

The Industrial Relations Act 1996 will soon be amended so that State and local government employees will be able to apply to the NSW Industrial Relations Commission (IRC) for orders in relation to workplace bullying and harassment (IRC Orders).

This follows the making of the Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 (WP Act) in July 2025, which will insert a new Chapter 3A into the Industrial Relations Act 1996.

In this article, we provide an overview of the new IRC Orders and compare them to the stop bullying/stop sexual harassment order provisions under the Fair Work Act 2009 which do not apply to State and local government employees (FW Orders).

New IRC Orders

Employees and other workers as defined in WHS Laws (including volunteers, trainees, and contractors) who are not eligible to seek FW Orders can apply for IRC Orders.

Breaches of IRC Orders can result civil penalties of up to $93,900.

Stop Bullying Orders

Part 1 of Chapter 3A allows employees who reasonably believe that they have been ‘bullied at work’ to make application to the IRC for a stop bullying order.

The WP Act defines ‘bullied at work’ as being when:

(a) an individual, or group of individuals, repeatedly behaves unreasonably towards—

(i) the employee, or

(ii) a group of employees of which the employee is a member, and

(b) the behaviour creates a risk to health and safety.

Reasonable management action carried out in a reasonable way is excluded from the definition of bullying.

If the IRC cannot settle the matter by conciliation, it will determine the application. The IRC can make any orders it considers appropriate to prevent bullying if it is satisfied the employee has been bullied and there is a risk of bullying continuing, including:

1. a payment of damages to the employee as compensation for the bullying (up to a maximum of $100,000),
2. a prohibition on continuing or repeating the bullying,
3. the performance of reasonable actions or conduct to redress the damage caused by the bullying,
4. the publication of an apology, and/or
5. the development and implementation of policies or procedures to prevent bullying.

Sexual Harassment Orders

Part 2 of Chapter 3A allows employees who allege they have been sexually harassed in connection with their work to make an application to the IRC to seek redress for the harassment.

Sexual harassment in the WP Act has the same definition as in the Anti-Discrimination Act 1977. 

Similar to stop bullying orders, if IRC cannot settle the matter by conciliation, the IRC can make any orders it considers appropriate if it is satisfied the employee has been sexually harassed in connection with their work. These include:

1. a payment of damages to the employee as compensation for the sexual harassment (up to a maximum of $100,000),
2. a prohibition on continuing or repeating the harassment,
3. the performance of reasonable actions or conduct to redress the damage caused by the harassment,
4. the publication of an apology, and/or
5. the development and implementation of policies or procedures to eliminate sexual harassment.

Differences between IRC Orders and FW Orders

The key difference between IRC Orders and the equivalent FW Orders is that the IRC can award damages to employees whose applications are successful. There is no power to award damages in connection with FW Orders.

There are provisions in the WP Act that prevent compensation being awarded in connection with IRC Orders if compensation has already been received under other anti-discrimination laws to prevent ‘double dipping’.

Implications

The new IRC Orders significantly expand the IRC’s role in mediating and settling disputes between employers and employees in NSW. They also provide a new mechanism by which aggrieved employees may seek compensation for damages associated with their employment, which is different other similar schemes around Australia.

It remains to be seen how frequently employees seek the intervention of the IRC in bullying and harassment matters. However, these new provisions serve as another reminder of the importance of robust anti-bullying and anti-harassment policies and procedures to avoid claims being made.

We will provide a further update once the new Chapter 3A commences.

You can read the WP Act in full here: Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025.

If you would like to discuss IRC Orders, please do not hesitate to contact Dimitrious Havadjia or Dr Lindsay Taylor, or leave a comment if you have any questions.