This benchbook has been arranged to reflect the process users would follow when applying for a order to stop bullying in the workplace. Issues that may arise at a certain point during the process will be addressed as they come up. As a result, this benchbook may not deal with these issues in the same order as the Fair Work Act 2009 (the Fair Work Act).
A person will be covered by the anti-bullying laws, and therefore eligible to make an application, if they:
See Fair Work Act s.789FD(1)
Workplace bullying occurs when an individual or a group of individuals repeatedly behaves unreasonably towards a worker, or a group of workers of which the worker is a member, at work and that behaviour creates a risk to health and safety.
The role of the Fair Work Commission, and the remedy, is preventative – not remedial, punitive or compensatory.
Note: The diagram below sets out the anti-bullying process as it applies in general terms.
Application lodged with Fair Work Commission
Application served on: employer(s) principal(s) and individual(s)
Responses to application sought
Report on application prepared
Matter assigned by Panel Head
Matter further allocated by Panel Head
Hearing* or Conference by Member
Orders to prevent bullying issued
*Outcome of hearing may be appealed by leave of Full Bench