Fair Work Commission

Bullying at work, as defined by the Fair Work Act 2009, occurs when:

• a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while 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.

A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.

Refers to the Commonwealth government or an Australian territory.

A constitutionally covered business is:

• a proprietary limited company
• a foreign corporation
• a trading or financial corporation formed within the limits of the Commonwealth
• the Commonwealth
• the Commonwealth authority
• a body corporate incorporated in a territory
• a business or organisation conducted principally in a territory or Commonwealth place.

It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.

Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.

The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.

A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.

A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.

An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.

An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.

An entity that is not a constitutional corporation. The following are not constitutional corporations:

• sole traders
• partnerships
• some state government bodies
• corporations whose activities do not include significant trading or financial functions (e.g. some charities).

The end result of an application made to the Commission.

An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.

A person or business that has entered into a contract for services with an independent contractor.

When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.

In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace 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, and
• maintaining reasonable workplace goals and standards.

In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.

A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.

Abbreviation for work health and safety.

A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.