Workplace bullies on notice under proposed Fair Work Act changes
Thursday 14 February 2013 @ 12.31 p.m. | Industrial Law
Employment and Workplace Relations Minister Bill Shorten has announced the Government's response to a parliamentary inquiry into workplace bullying, with plans to adopt a national definition of workplace bullying, promote education and awareness, and develop national training standards to improve responses to complaints.
The amendments are aimed at giving Australians who are bullied at work better access to assistance, and will focus on early intervention through the Fair Work Commission.
According to the media release, the proposed amendments to the Fair Work Act will include:
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Adopting the Committee’s recommended definition: ‘Bullying, harassment or victimisation means repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety’.
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Recognising that bullying does not include reasonable management practices including performance management conducted in a reasonable manner.
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Allowing workers who have suffered bullying to make a complaint to the Fair Work Commission
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Requiring the Fair Work Commission to deal with any application as a matter of priority including by listing the matter for consideration within 14 days; and
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Enabling the Fair Work Commission to make orders to deal with the complaint and/or to refer to the relevant state WHS regulator
The Government has also come out in support of other recommendations - for example, that Safe Work Australia develop materials for employers that provide advice on preventing and responding to workplace bullying.
Safe Work Australia will also consult with the states and territories to develop nationally accredited training for managers and health and safety representatives to help them address the issue of workplace bullying.
The Government intends to consult with stakeholders on the details of the Fair Work Act amendments.
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