Mary Yaager
Executive Officer
Federal Government Inquiry
The Federal Government established an inquiry into workplace bullying.
The Terms of Reference were broad and included;
the extent;
the costs; and
the impact of workplace bullying.
They received over 300 submissions from Unions , employers and individuals.
These submissions highlighted the enormous human toll of workplace bullying.
Unions NSW made a submission and a number of recommendations.
The Parliamentary Committee’s Report into Workplace Bullying Report “We just
want it to stop it” was released October 2012.
Key findings within the report
The Report highlighted the Productivity Commission findings:
2.5 million Australians experience some type of bullying during their lives.
Costs to the Australian economy is between $6 to $36 billion per annum.
Average cost of claims to employers $17,000 – $24,000 per annum.
The costs to the individual both in financial and in human terms is
overwhelming.
Some of these individuals have been through the most traumatic experiences,
imaginable and will never recover, sadly this has led to them taking their own
lives.
Key Recommendations
• Defining what is and what is not workplace bullying.
• Develop an accredited program for managers & HSRs
There were 23
recommendations
within the report:
• Ensure that the requirements of Draft Code of
Practice Managing the Risk of Workplace Bullying are
met ( now a guidance note).
• Improving workplace cultures.
• Enhancing tools for the prevention of early resolution
of workplace bullying incidences.
• Introduction of a Bullying hotline.
• Introduce provisions into the Fair Work Act.
Unions welcome the new Bullied at Work
Provisions
The individual worker: •
•
•
•
Resigned
Claimed Compensation.
Go through the complaint process
Said nothing and tolerated the behaviour.
New Laws Bullied at Work Provisions
For the First time the workers have a real
avenue to pursue their matter legally.
No Real Resolution:Workers had no real avenue
The Legislation
Bill Shorten the Minister, introduced legalisation amending the Fair Work Act – New
Bullied at Work Provisions.
A worker who reasonably believes he/she has been bullied at work can apply to the
FWC.
Must be a ‘worker’ including an employee, contractor, sub-contractor, out worker,
apprentice, trainee and a student gaining work experience or a volunteer.
The worker must be employed in a “constitutionally- covered business”.
There must be risk to the worker that they will be continued to be bullied at work.
FWC must deal with the Application in 14 days .
FWC may hold a conference with the parties or a hearing or refer the matter to the
Work Health & Safety Regulator.
WorkCover Complaint Form
We all have a responsibility to stop
workplace bullying
The Chair of the Parliamentary Committee, Amanda Rishworth said;
“Bullying is happening far to frequently in our workplaces and we all have
a responsibility to stop it in its tracks!
When we take into account the human economic costs it is in all our
interests”.
The new laws provides the opportunity for unions and employers to work
together on;
developing and implementing policies and procedures
improving workplace culture
setting the standards on what is and what is not acceptable behaviour.
Dignity and Respect Charter
 Unions NSW released a Dignity & Respect Charter & Campaign
in 2004.
 At that time there was a vacuum no legislation, very little
information.
 Released a number of resources, including fact sheets,
templates training packages etc.
 Unions NSW is revising this Charter to incorporate Fair Work
Act Amendments.
DIGNITY & RESPECT IN THE WORKPLACE
Everyone should be treated
with Dignity and Respect
Remember
10% are victims
10% are offenders
80% are bystanders
“the standard that you walk by is the standard you accept”
Chief of Army, Lieutenant General David Morrison, AO, to the Australian Army
Dignity and Respect in the Workplace
Charter
Everyone in the workplace has a responsibility
Definitions of bullying behaviour, including single one off incidents
Reasonable management action
Obligations Under the WHS ACT and Regulations
Fair Work Provisions
Steps for workers
The Definition of “Bullied”
Repeated
behaviour
• Needs to occur more than once.
• Refers to the persistent nature of the behaviour and
can refer to a range of behaviour over time.
Unreasonable
behaviour
• Broad notion (full range of behaviour)
• Behaviour that a reasonable person, having regard to
the circumstances would regard as unreasonable.
• Includes but is not limited to victimising, humiliating,
intimidating and threating.
Risk to Health
and Safety
• Consistent with workplace health and safety risks.
(physical and physiological).
Five Steps To A Bully-Free Workplace
STEP 1 – Workplace Consultation
STEP 2 – Workplace Awareness Campaign
STEP 3 – Training and Development
STEP 4 – Procedures to Deal with Complaints
STEP 5 – Consultation and feedback
Applications by workers to the FWC
Unions will continue to campaign to ensure the;
Process for a worker to make an application to the Fair Work Commission
is simple and fair.
 FWC deals with these matters promptly – particularly if they believe the
worker has a legitimate application and the employer has failed in their
duty of care.
Unions also want to work closely with employers in implementing
policies, procedures and training.
The FWC should be the last resort.
Complaint Procedure
Problem
Resolved
Informal Action
Problem not
resolved
FORMAL COMPLAINTS PROCEDURE
Investigation
Meeting
Outcome
Resolved
Not Resolved APPEAL