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).
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Content
Introduction
Who is covered by the anti-bullying laws?
A person will be covered by the anti-bullying laws, and therefore eligible to make an application, if they:
- are a worker (as defined in the Work Health and Safety Act 2011 (Cth))[1]
- are not a member of the Defence Force[2], and
- experience the bullying behaviour whilst at work in a constitutionally-covered business.[3]
Related information
When does workplace bullying occur?
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.
Related information
Anti-bullying process under the Fair Work Act
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.
References
Content
[1] Fair Work Act s.789FC(2).
[2] Fair Work Act s.789FC(2).
[3] Fair Work Act s.789FD(1)(a).