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Anti-bullying

 

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Coronavirus (COVID-19) & anti-bullying cases

The current coronavirus (COVID-19) situation is affecting how we deal with anti-bullying cases.

You can still apply for an order to stop bullying at work during this time.

For everyone’s safety, our counters are closed. This means that you can’t lodge your application at the Fair Work Commission in person. You can:

Australia Post is experiencing delays because of COVID-19. If you can’t lodge electronically and you need to post your application, make sure you allow extra time for postal services. Time limits for applications still apply.

If you’re having trouble lodging an application, please call us on 1300 799 675.

We are trying as hard as we can to help resolve cases as quickly as possible, but our operations have been affected along with all Australian workplaces.

You may find that your case takes longer than normal to process. It is also likely that, if your case can’t be resolved by phone mediation, any hearing or conference will happen by phone or videoconference. This means that we will deal with your entire case without you having to come in to the Commission.

For more detail about changes to how we’re dealing with cases during this time, please read our full Coronavirus (COVID-19) information.

If you are currently involved in an anti-bullying case

If you have already made an application and your case is underway, it may become difficult for us to contact the other people involved in your case if the business has closed or people are no longer attending the workplace. If you know of any new or changed contact details for your employer or any person named, please tell us.

If you are an employer or person named and you are having trouble responding to an application because of the current situation, please let us know.

Introduction

A worker in a constitutionally covered business who reasonably believes that he or she has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying.

This section of our website contains information about:

  • what bullying at work is
  • who can apply for an order to stop bullying at work, and
  • the process to follow.

Video: The Fair Work Commission's role in stopping bullying

The following video provides a general overview of the Fair Work Commission’s anti-bullying jurisdiction including key definitions, how the Commission may deal with an application and what an order to stop bullying is.

Workplace Advice Service

The Workplace Advice Service provides access to free legal assistance to eligible people and some small business employers who need advice about anti-bullying and other employment-related matters.

The Service is currently available in New South Wales, Queensland, South Australia, Victoria and Western Australia.

What is bullying at work?

Bullying at work occurs when:

  • a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work

AND

  • the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

Find out more

NOTE: The Commission can only deal with applications for an order to stop bullying if a worker is bullied while they are at work in a constitutionally covered business.

Bullying behaviour may involve, for example, any of the following types of behaviour:

  • aggressive or intimidating conduct
  • belittling or humiliating comments
  • spreading malicious rumours
  • teasing, practical jokes or 'initiation ceremonies'
  • exclusion from work-related events
  • unreasonable work expectations, including too much or too little work, or work below or beyond a worker's skill level
  • displaying offensive material
  • pressure to behave in an inappropriate manner.

However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.

Find out more

Download our Guide – Anti-bullying (PDF)

What is reasonable management action?

Reasonable management action carried out in a reasonable manner does not constitute bullying.

Reasonable management action may include:

  • performance management processes
  • disciplinary action for misconduct
  • informing a worker about unsatisfactory work performance or inappropriate work behaviour
  • asking a worker to perform reasonable duties in keeping with their job
  • maintaining reasonable workplace goals and standards.

However, these actions must be conducted in a reasonable manner. If they are not, they could still be bullying.

Video: What is workplace bullying?

The following video provides a comprehensive exploration of the definition of bullying within the Fair Work Act, including reasonable management action and the importance of identifying ongoing risk. The video also looks at who is eligible to make an application and the other parties that may be involved.

What it means to me

If you have received a copy of an application for an order to stop bullying in the workplace, it means:

  1. Someone believes they have experienced bullying behaviour at work.
  2. They have applied to the Fair Work Commission for an order to stop the bullying.
  3. No decision has been made.
  4. You should carefully read the information that was sent to you with the application.
  5. So that the Commission understands your point of view, you or your company need to respond to the application, using the correct form, within 7 days.
  6. The person who is alleged to have engaged in bullying behaviour will also get a copy of the application and has the opportunity to respond to the application if they want to, using the correct form, within 7 days.
  7. As each case is different, the Commission will decide the best way to deal with the application and will let you know when, where and how that will happen.
  8. The Commission may try to help the parties resolve the problem together without 'going to court'. If the matter cannot be resolved, or this is not considered appropriate, a formal hearing may be necessary.

If you believe you have been bullied at work:

  1. You can apply to the Fair Work Commission to help stop the bullying by completing the correct form and sending it in.
  2. A copy of your application will be sent to your employer and to the person you allege has bullied you at work, and they will be given the chance to respond to your application.
  3. As each case is different, the Commission will decide the best way to deal with the application and will let you know when, where and how that will happen.
  4. You should carefully read the information that the Commission will send to you after we receive your application.
  5. The Commission may try to help the parties resolve the problem together without 'going to court'. If the matter cannot be resolved, or this is not considered appropriate, a formal hearing may be necessary.
  6. If it goes to a hearing the Commission can make any order the Commission Member considers appropriate to prevent the worker being bullied further. This can include:
    • an order requiring the people involved to stop the bullying
    • an order to comply with, or review, the employer's bullying policy
    • an order requiring workers be provided with further information, additional support and training.
  7. The Commission cannot make an order for a monetary amount, so cannot order compensation or fines to be paid.

Updated time

Last updated

31 December 2020

 

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