The Fair Work Commission (FWC) has advised that has published an updated interactive online version of the Anti-bullying benchbook. According to the Media Release published by the FWC the benchbook contains plain English summaries of the key principles of workplace bullying case law and how these have been applied in FWC decisions. The FWC indicated that the bench book is designed to provide information to parties to assist in the preparation of material for matters before the FWC.
The benchbook is arranged to reflect the process a user of it would follow when applying to the FWC for an order to stop bullying in their workplace. It is pointed out though, that while issues may arise at any point during the process and are addressed as they come up, the benchbook may not deal with issues in the same order as the Fair Work Act 2009 (the FW Act).
To be eligible to make an application a person must be covered by the anti-bullying laws. Persons are covered if they:
See further FW Act ss.789FC, 789FD(1) and 789FD(3).
Workplace bullying is said to occur when
See further FW Act s.789FD(1)
According to the FWC the latest version of the Anti-bullying benchbook incorporates recent updates and is designed to be read online. It can be accessed on the FWC's website where aof the benchbook is also available for download.
The FWC has also advised that they will also be publishing more online versions of other FWC benchbooks in the future.
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