19 March 2013
Government's Response to Bully Report
Late last year the Government released the Report of the Standing Committee on Education and Employment into ‘Workplace Bullying, “we just want it to stop”. The Report outlines some significant information regarding the enormous personal and organisational cost which results from workplace bullying which has been described as psychological violence. The report included figures provided by the Productivity Commission which suggest that workplace bullying costs the Australian economy between $6 billion and $36 billion annually. The Standing Committee received submissions from individuals and organisations as to the extent of workplace bullying in Australian workplaces and, as a result if its enquiries, made 23 recommendations.
On Tuesday 12 February, Minister Shorten announced the Government’s Response to the Report which includes support for 19 of the 23 recommendation. In his announcement he indicated that there will be amendments to the Fair Work Act which 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
Other recommendations supported by the Government include Safe Work Australia developing materials for employers that provide advice on preventing and responding to workplace bullying.
Safe Work Australia will also work with the states and territories to develop nationally accredited training for managers and health and safety representatives to help them deal with bullying.