Fair Work Commission

Introduction

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).

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]

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.

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