Bullying and Harassment Complaint Form
A Bullying and Harassment Complaint Form is a structured document used to record reports of workplace misconduct. Under the Fair Work Act 2009 and WHS Act 2011, Australian businesses must have a process to manage psychosocial hazards, and this form initiates that process.
A formal record used by employees and contractors to report incidents of workplace bullying, harassment, or discrimination to management.
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About this Document
A Bullying and Harassment Complaint Form is a critical tool for any Australian business. It serves as the first official step in documenting and resolving issues of unacceptable behaviour at work. For tradespeople and small business owners, the workplace can often be high pressure. Tight deadlines, physical work and close quarters can sometimes lead to friction. However, when that friction crosses the line into bullying or harassment, you must act immediately. This form provides a structured way for workers to report their concerns. It ensures you capture all the necessary details to investigate the issue fairly. Under Australian law, a person conducting a business or undertaking has a primary duty of care. This duty is to ensure the health and safety of workers. This includes their psychological health. The Work Health and Safety Act 2011 sets out these obligations. If you ignore complaints, you risk breaching this Act. You also risk claims under the Fair Work Act 2009. This form helps you meet those legal obligations. It shows you are taking proactive steps to manage risks. It is not just about paperwork. It is about creating a safe culture where workers feel heard. The form is relevant to all types of workers. This includes full time staff, casual labourers, apprentices and subcontractors. Everyone has the right to a safe workplace. You need this form before an incident happens. If you try to create one after a complaint is made, it looks unprofessional. It may suggest you are not prepared. You should include this form in your induction pack for new hires. You must make it available on site or in your shared drive. When you receive a completed form, you must treat it seriously. You should follow the procedural steps outlined in your workplace policy. This usually involves an initial assessment, an interview and an investigation. The form serves as the evidence base for this process. It records who was involved, what happened, when it happened and if there were witnesses. It asks the complainant what outcome they are seeking. This is important for resolution. In Australia, the definition of workplace bullying is specific. It refers to repeated unreasonable behaviour directed towards a worker. It creates a risk to health and safety. A one off incident or reasonable management action is not bullying. Harassment is different. It relates to unlawful discrimination under anti discrimination law. This includes behaviour based on sex, race, age or disability. Sexual harassment is a specific type of harassment. It is an unwelcome sexual advance or request for sexual favours. The form needs to cover all these bases. It must allow the reporter to detail the nature of the behaviour. Using a standard form protects both the business and the people involved. It ensures consistency. It reduces the chance that key details are forgotten. It also helps the person making the complaint. Writing down an incident can be stressful. A form with clear questions guides them through the process. It helps them organize their thoughts. When you sit down to complete this guide, you need to know the specific requirements for your state or territory. While the model WHS laws are similar, there can be slight variations. You should check with Safe Work Australia or your local regulator. You should also review the Fair Work Ombudsman website. They have excellent resources on preventing workplace bullying. For tradespeople, the dynamic can be different. A builder might manage a site with multiple subcontractors. They do not have direct employment contracts with everyone. However, they still have a duty of care. They must ensure that subcontractors do not bully the builders employees or other subcontractors. This form can be used by anyone on site. It is a tool for the whole workplace. To complete the form, the complainant needs to be factual. They should stick to what happened. They should avoid emotional language where possible. They should provide dates, times and locations. If there were text messages or emails, they should attach copies. The form should ask for these details. The person receiving the form needs to know what to do with it. They must know who to escalate it to. If the complaint is about the direct manager, there must be an alternative contact person. This is often a senior manager or HR. In small businesses without HR, the owner might handle it. If the owner is the accused, an external party might be needed. You must keep the information confidential. Privacy is a major concern in these matters. You should store completed forms securely. Only people directly involved in the investigation should see them. Data breaches can lead to legal issues. There are common mistakes to avoid. Do not dismiss a complaint because it seems minor. What seems minor to you might be devastating to the worker. Do not promise a specific outcome before you investigate. Do not confront the accused in an aggressive manner without a plan. This can make the situation worse. It can lead to claims of victimisation. The form should include a section about victimisation. Workers must know they are protected from retaliation for making a complaint. The Fair Work Act 2009 provides strong protections against adverse action. If you fire someone or cut their hours because they complained, you are in serious trouble. The form itself is just one part of the puzzle. It must be supported by a policy. Your policy should define bullying and harassment. It should outline the consequences. It should explain the investigation process. Workers need to know that there are consequences for bad behaviour. This deters potential bullies. It reassures victims that action will be taken. For Australian businesses, compliance is not optional. The financial penalties for breaching WHS laws are significant. In some cases, business owners can face jail time for recklessness. The emotional toll of a bullied worker can lead to high staff turnover. It can lead to workers compensation claims for psychological injury. These claims are often complex and expensive. They can impact your insurance premiums. Therefore, investing time in a proper complaint process saves money in the long run. It protects your reputation. In the trades industry, reputation is everything. If you are known as a boss who lets bullying happen, good workers will not work for you. Clients may not want to hire you. When you look at the template, you will see it asks for the details of the witness. Witnesses are . However, witnesses can be reluctant to come forward. They might fear for their own jobs. You need to create an environment where witnesses feel safe to speak. The form should reassure them that their identity will be protected as much as possible. Sometimes an investigation might reveal that the behaviour was actually reasonable management direction. For example, a supervisor giving instructions about safety or correcting a mistake. This is not bullying, even if the worker does not like it. The form helps you distinguish between the two by asking for context. It asks what was said and done. It asks if there was a valid work reason for the action. If you run a family business, this can be tricky. Family members might treat each other differently at work. However, if that treatment negatively affects other employees, it becomes a business risk. The complaint form allows non family members to report issues without fear of family favouritism. It adds a layer of professionalism to the business operations. In terms of record keeping, you must keep these forms. You need them to demonstrate that you responded to risks. If a regulator investigates your business, they will ask for records of incidents. If you have no records, they will assume you have no process. This is a failure in your duty of care. You should review your complaints regularly. Look for patterns. Is one supervisor receiving multiple complaints? Is bullying happening on a particular site? This data helps you fix the root causes. Training is another key element. You can use the form as a training tool. Walk your team through it. Explain what constitutes a reportable incident. This raises awareness. Prevention is always better than cure. The form should be easy to read. Use clear fonts. Avoid complex legal jargon. It should be accessible. This means considering workers with low literacy or English as a second language. You might need to offer to help them fill it out or allow them to give the information verbally. Under Australian law, you must make reasonable adjustments for people with disability. This might apply to the complaint process as well. Sexual harassment is a major focus in current Australian law reforms. The Respect at Work recommendations have highlighted the need for employers to take positive steps. A complaint form is a positive step. It shows you have a system in place. It is a practical measure to prevent sexual harassment. You must ensure the form is gender neutral and inclusive. It should not make assumptions about the people involved. The template provided includes all the necessary fields. It covers the who, what, when, where and why. It includes a declaration of truth. This reminds the complainant that making false claims can have consequences. However, you must be careful not to discourage genuine complaints. The balance is important. When you receive a form, acknowledge it in writing. Tell the complainant what the next steps are and when they can expect an update. Communication is key to managing the distress associated with these complaints. If the complaint involves criminal behaviour, such as assault or stalking, you must involve the police. A workplace investigation is not a criminal investigation. The form should state clearly that if the behaviour is criminal, the police should be notified. In summary, this document is essential for legal compliance, risk management and staff retention. It protects your business and your people. It turns a messy problem into a manageable process.
Key Facts
- Employers have a duty of care under the WHS Act 2011 to protect workers from psychological risks, including bullying.— Work Health and Safety Act 2011 (Cth)
- Workplace bullying is defined as repeated unreasonable behaviour that creates a risk to health and safety.— Fair Work Act 2009 (Cth)
- Reasonable management action carried out in a reasonable way is not considered workplace bullying.— Fair Work Commission
- Workers can apply to the Fair Work Commission for an order to stop bullying if they cannot resolve it internally.— Fair Work Act 2009 (Cth)
- Sexual harassment is a form of sex discrimination under the Sex Discrimination Act 1984.— Sex Discrimination Act 1984 (Cth)
- A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of workers.— Safe Work Australia
- Victimising a worker for making a complaint is unlawful and can result in penalties.— Fair Work Act 2009 (Cth)
Sources
Required Sections
Complainant Details
Collects the personal information and role of the person making the complaint.
Complainant Details
Full Name Please write your full legal name. This information is required to identify you as the complainant and to ensure accurate record-keeping regarding this incident.
Job Title State your current job title or position within the company. If you work on a construction site or in a trade role, include your specific trade qualification (e.g., Electrician, Carpenter, Site Supervisor) or your designation as an apprentice or labourer. This helps the business understand the working relationships involved.
Contact Information Provide a current phone number and email address where we can reach you. If you do not have an email address, provide a mailing address. We need this information to contact you about the investigation or to arrange a meeting. The personal details you provide in this form are protected under the Privacy Act 1988 (Cth) and will be stored securely.
Do you require a support person? You have the right to have a support person present during any interviews or meetings related to this complaint.
Please indicate Yes or No.
If you select Yes, please provide the name and contact number of your support person. Under Fair Work Act 2009 (Cth) provisions and best practice guidelines outlined by Safe Work Australia, a support person can offer emotional support but cannot answer questions on your behalf or speak for you during the formal process. This person might be a work colleague, a union representative, or a family member.
Providing this information early allows the business to schedule meetings appropriately and ensures the process is fair and transparent. Failing to disclose a support person requirement may lead to delays in the investigation process.
Respondent Details
Identifies the person against whom the complaint is made.
Respondent Details
You need to record exactly who is accused of the bullying or harassing behaviour. This person is known as the respondent. In small trade and construction businesses, the respondent might be a subcontractor, a fellow worker, a site supervisor, or even a client. Recording their details accurately is the first step in handling the issue fairly and meeting your legal obligations.
Please provide the following information about the person involved in the complaint.
Name Write the full legal name of the respondent. If this person works for another company or is a subcontractor, make sure you get the correct spelling of their name and the name of their business. Accurate records are essential if you need to investigate the matter or provide reports to Safe Work or the Fair Work Commission later on.
Job Title State the person's job title or trade. Examples include Site Foreman, Leading Hand, Apprentice Electrician, Labourer, or Subcontractor. Knowing their role helps establish the working relationship and any power dynamics that might exist on site.
Relationship to the Complainant Describe how the respondent and the complainant work together. For example, are they a supervisor and subordinate, do they work side by side on the same crew, or does the respondent manage the site while the complainant reports to them?
This section matters because under the Fair Work Act 2009, workers can make a claim for bullying if they are bullied at work by an individual, or by a group of individuals. Work includes any activity carried out by a worker for a business, even if they are a volunteer or a subcontractor.
You also have a duty of care under the Work Health and Safety Act to eliminate or minimise risks to health and safety. Psychosocial hazards, including bullying and harassment, are treated as serious risks in the same way as physical hazards.
By clearly identifying who is involved and how they are connected, you can determine the most appropriate way to manage the risk and investigate the complaint effectively. This ensures you follow a fair process and protect your business from legal liability.
Incident Description
The core of the form where the specific events are described.
Incident Description
Please provide a detailed account of what took place. To support a thorough investigation, you must be specific about the events. Vague reports can make it difficult to take action or uphold a decision under the Fair Work Act 2009.
You must record the date and approximate time of each incident. Specify the exact location, such as a specific construction site, the office boardroom, or a company vehicle. If the behaviour happened online or via text, include the platform or method used.
Describe the behaviour in clear, factual language. State exactly what was said or done. Avoid using offensive language yourself when recounting what was said to you. Quote specific words or phrases used by the other person if possible. Detail any actions, gestures, or physical contact involved.
You must identify the nature of the behaviour. Indicate if this was a repeated pattern of unreasonable behaviour constituting workplace bullying under the Fair Work Act 2009, or if it relates to a specific incident of sexual harassment or discrimination based on protected attributes under the Sex Discrimination Act 1984 or the Racial Discrimination Act 1975.
List any witnesses who were present during the incident. Include their names and job titles if known.
Describe the impact the behaviour has had on you. This includes your emotional health, mental wellbeing, and physical safety. Mention if the behaviour has affected your ability to do your job or your work performance. If you have raised this issue with a supervisor or manager previously, note who you spoke to and the outcome of that discussion. This information helps the business meet its duty of care under the Work Health and Safety Act 2011 to eliminate or minimise risks to psychological health.
Attach copies of any relevant evidence to this form. This might include screenshots of text messages, emails, photos of damage, or medical certificates. Do not attach original documents if you need to keep them.
Use the space below to write your statement. You may attach additional pages if required.
Witnesses
Records other people who saw the incidents.
Were there any witnesses to this incident?
It is important to identify anyone who saw the behaviour or was present when it occurred. Witness statements provide independent accounts of what happened. This information helps us determine the facts and decide if the reported behaviour breaches the Fair Work Act 2009 (Cth) or our internal workplace policies. Providing witness details can significantly strengthen a complaint, especially in situations where it is one person's word against another.
Witness Details
Please list the names of all individuals who directly witnessed the incident or the ongoing behaviour. If there are multiple incidents involving different witnesses, please note which witness relates to which event. If you are unsure of the exact details, provide as much information as you can recall.
For each witness, please provide:
- Full Name
- Job Title / Position
- Phone Number
- Email Address
- Relationship to the people involved
What did they see? Please briefly describe what you believe each witness saw or heard. For example, "They saw the supervisor yelling at me in front of the crew" or "They heard the offensive comments made during the morning toolbox talk."
Other Evidence If there were no direct witnesses, think about anyone else who might have relevant information. This could include someone who saw you immediately after the incident and noticed your distress, or someone who can confirm you were in a specific location at a specific time. Under the Work Health and Safety Act (WHS Act), we have a duty of care to provide a safe working environment, and this includes investigating psychosocial hazards. Your assistance in identifying sources of evidence helps us meet these legal obligations.
Privacy and Confidentiality We understand that providing names can feel uncomfortable. We will handle this information sensitively and in accordance with the Privacy Act 1988. Witness details will only be shared with those directly involved in the investigation or resolution process. We will not disclose your identity to witnesses unless it is absolutely necessary for the investigation or required by law. We will speak with witnesses privately to get their side of the story without putting them at risk.
Please list the witnesses below.
Evidence
Lists supporting documents or digital proof.
Supporting Evidence and Attachments
To make a fair decision on this bullying or harassment complaint, we need accurate information. Written or recorded evidence helps us understand exactly what happened. It makes it much harder for there to be misunderstandings about the events. Please provide as much proof as possible to support your report.
Relevant Legislation
Under the Fair Work Act 2009, bullying occurs when an individual repeatedly behaves unreasonably towards a worker. That behaviour creates a risk to health and safety. Under the Work Health and Safety Act 2011 (or Occupational Health and Safety Act 2004 if you are in Victoria), persons conducting a business or undertaking must ensure the health and safety of their workers. This includes psychological health caused by workplace bullying. Providing evidence helps us meet these legal obligations.
Types of Evidence
Please check the boxes for any evidence you have and attach copies to this form. Do not delete original messages from your phone or computer.
- Emails or Letters: Screenshots or forward copies of emails, handwritten notes, or printed letters.
- Text Messages or WhatsApp: Clear screenshots that show the phone number, date, and time of the message.
- Social Media Posts: Screenshots of Facebook, Instagram, or other platform comments. Ensure the sender's name and the date are visible.
- Photos or Videos: Any images showing damage to property, unsafe work areas, or the incident occurring if it was captured.
- Shift Rosters or Timesheets: Documents that prove who was working on the day of the incident.
- Witness Notes: Written statements from co-workers who saw the event happen.
How to Attach Your Files
If you are filling out this form on a computer or tablet, use the attachment button below to upload your files. If you are printing this form, please staple your physical copies to the back.
Privacy and Confidentiality
We handle your personal information in accordance with the Privacy Act 1988. We will keep the evidence confidential. We will only share it with people who need to see it to investigate this complaint. This includes management, HR, or any external investigators.
Important Note on Evidence
We know it is not always possible to get evidence. If you do not have any written proof, please write down the details of the incident in the 'Description of Incident' section as clearly as you can. We will still investigate your claim.
Resolution Preference
Asks the complainant what result they want.
Resolution Preference
We need to understand what you want to achieve by making this complaint. This helps us choose the right path to fix the issue. Different laws apply to how we handle workplace problems. Under the Fair Work Act 2009, workplace bullying is defined as repeated unreasonable behaviour towards a worker that creates a risk to health and safety. If you are reporting this type of conduct, we might take a formal investigative route.
However, you might prefer an informal approach first. This is common in small businesses and worksites where you have to work alongside the other person every day. Please tell us if you want the matter sorted out through a informal chat or mediation. This can include a facilitated meeting or us simply passing on your concerns to the other person so they know their behaviour is unacceptable.
If the conduct involves sexual harassment or discrimination based on protected attributes, we must consider the Sex Discrimination Act 1984 and the Anti-Discrimination Act 1977 (NSW) or relevant state legislation. These laws take these matters seriously. While we can still use informal resolution, we must ensure the outcome stops the behaviour and prevents it happening again.
Please be specific about the result you want. Do not just say "fix it." Tell us exactly what will make the situation workable for you.
Consider the following options:
- No contact order: You might want an instruction that the other person does not contact you unless it is strictly necessary for work duties.
- Relocation or roster changes: You might want to change your start times or move to a different work area so you do not have to interact with the person involved.
- Apology: You might want a formal or informal apology for the specific behaviour that caused you distress.
- Formal investigation: You might want us to investigate the matter formally, gather statements, and issue a disciplinary finding.
- Support or counselling: You might want access to an Employee Assistance Program or time off to recover from the stress.
We also have obligations under the Work Health and Safety Act 2011. We must ensure the workplace is safe and without risks to health. This means we cannot ignore your request if it involves a safety risk. While we aim to give you the outcome you want, the final decision must comply with our legal duties and procedural fairness requirements. This means the person you are complaining about also has the right to know the details of the allegation and respond to them.
Please state your preferred resolution below. If you are unsure, you can write "unsure" or request a phone call with management to discuss your options before we proceed.
Frequently Asked Questions
What is a Bullying and Harassment Complaint Form?
When do I need a Bullying and Harassment Complaint Form?
Is a Bullying and Harassment Complaint Form legally required in Australia?
Who can fill out this form?
What happens after I submit this form?
Can I make a complaint anonymously?
What is the difference between bullying and reasonable management action?
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